How to accept an inheritance

When you receive the news that you are an heir in the will of a deceased relative, a common question is how to accept the inheritance.

Let’s see everything.

What is acceptance of inheritance?

Acceptance of inheritance is the process in which a person who is going to inherit expresses that he or she accepts the inheritance, freely and voluntarily.

Each of the heirs can independently accept or reject the inheritance without the rest having to intervene in any way, since it is an act that each person has to do freely.

Who can accept the inheritance

Both the heir himself and his representative may accept the inheritance, provided that he is authorized to do so.

If a married person accepts the inheritance outright without the consent of the other spouse, the assets of the marital partnership are not liable for the debts of the inheritance.

As for minors, it will be their guardian who accepts the inheritance, always with judicial authorization.

Minors who are subject to parental authority will be the persons who have such authority who have to accept or not the inheritance. In any case, the acceptance will be for the benefit of inventory, when it will be necessary to obtain judicial authorization to accept purely and simply.

In the case of emancipated minors, they may accept the inheritance themselves with the benefit of inventory. If they wish to accept it purely and simply, they will need the consent of their legal representatives.

Associations, corporations and foundations that may acquire will accept the inheritance through their legal representatives. For official public establishments, state approval is required.

If it is an inheritance left to the poor, the persons designated in the will will be in charge of distributing the assets. Acceptance is considered to be made for the benefit of inventory.

Characteristics of acceptance of inheritance

When accepting the inheritance, the following aspects must be taken into account:

Acceptance of the inheritance cannot be revoked once it has been made. Therefore, there is a right to deliberate on whether or not to accept the inheritance and an inventory is made for that purpose.
It is a retroactive act. This means that the effects of accepting the inheritance are retroactive to the time of the death of the deceased. If, between the time a person dies and the time the inheritance is accepted, outstanding debts are generated for a property, upon accepting the inheritance, the person will have to take charge of all of this.
There is a possibility to challenge the acceptance of the inheritance and it is when there is a defect that annuls the consent or if a will appears that was not known.
It is also important to know that you cannot accept only a part of the inheritance, accept it on a fixed term or under conditions.
To accept the inheritance, you must do so personally or through a legal representative who is authorized to do so.

Ways to accept the inheritance

The inheritance can be accepted in two different ways:

Pure and simple acceptance

In this first option, the inheritance is accepted in an unlimited manner. The debts of the inheritance are answered for both with the assets of the inheritance and with one’s own assets.

The regulation of this type of acceptance is found in article 999 of the Civil Code.

Within pure and simple acceptance there are different types:

Express. It is done in writing, with a public or private document. Acceptance can be made before a notary or judicial authority.
Tacit. In this case there is no document, the heir carries out some act to which he is entitled by said condition, so the inheritance is understood to be accepted even if it has not been done in writing. Acts of conservation or provisional administration cannot be done in this way, but they can be done to pay the debts of the inheritance.

Acceptance for the benefit of inventory

The inheritance is accepted in such a way that the debts of the inheritance are answered with the assets in the inheritance. Thus, the heirs are not responsible for the burdens of the inheritance with their own personal assets.

If you are not completely sure about the content of the inheritance, it is better to accept it with the benefit of inventory.

However, it must be taken into account that it is necessary to assess the elements that are in the inheritance, which will have costs that will have to be paid by the heir who requests it. Accepting an inheritance is a process that must be carried out by those who are listed as heirs of an inheritance. The different characteristics of the heir must be taken into account, such as whether he is married or a minor. It is an irrevocable, retroactive and personal act. The acceptance of the inheritance can be done in a pure and simple manner or for the benefit of inventory.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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