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You might suspect that you’ve become an heir, or you might already know for sure. Either way, it’s normal to have many questions about what steps to take and how to proceed. In this article, we will see the process to find out if you are an heir in Spain when the deceased has left a will.
How to know if you are an heir
You may have doubts about whether you are an heir of a family member and, in that case, whether anyone will notify you.
First of all, let’s confirm that no one is required to inform you if you are a beneficiary of an inheritance. Not even the notary is obliged to notify you, unless the deceased specified in their will that the heirs should be informed after their death. In that case, the notary will contact you to communicate that you are an heir.
In general, you can only confirm whether you are an heir on your own initiative.
What should I do if I think I’m an heir?
If you think you might be an heir, the first thing to do is request the death certificate of the deceased from the Civil Registry. With this document, you can begin the procedures to confirm if you are an heir. Without it, no other step to find out whether you are a beneficiary of an inheritance can be taken.
Once you have the death certificate (and at least 15 business days have passed since the date of death), you must request the Certificate of Last Wills from the Ministry of Justice or its electronic office. This document indicates whether the deceased made a will and, if so, before which notary it was granted. If there is no will, the process is slightly different, which we will cover in another article.
If the Certificate of Last Wills confirms that a will exists, you will need to go to the notary listed in the certificate to request an authorized copy of the will. Only heirs, legatees or persons with legitimate interest (for example, a spouse or a child) can request it. With this copy, you will know who the heirs are and what assets or rights have been allocated.
Once the heirs are identified, an inventory is prepared, including: Real estate (houses, land), bank accounts, stocks, vehicles, insurance, etc.; and debts or pending loans. This inventory is used to calculate the total value of the inheritance and to prepare the tax settlement to be able to distribute the inheritance. The Inheritance and Donations Tax must be settled within 6 months from the date of death, extendable another 6 months if requested in time.
Once the taxes are paid, the heirs sign the deed of acceptance and allocation of inheritance in a notary, in which the assets are officially distributed. Afterward, real estate can be registered at the Land Registry and vehicles or accounts transferred to the new owners.
If I am an heir, what procedures should I do regarding the bank?
Once you have confirmed that you are an heir, you should follow these steps:
The first step to continue the process is to prove you are an heir to the bank. Financial institutions must verify whether the persons requesting information about the deceased’s accounts and balances are entitled to be informed. All information is usually available to heirs once this condition is justified. Heirs will, for example, be able to know the balances and accounts the deceased held in the bank and perform transactions.
Account movements or contracts held by the deceased can usually be consulted. Normally, it’s possible to review all transactions made up to one year before the deceased’s death.
Heirs must have access to information about the deceased’s financial positions at the date of death and existing financing or guarantee contracts, such as loans, before accepting the inheritance, so they can understand the situation and decide whether or not to accept it.
Accepting or rejecting the inheritance – what should I do?
Accepting an inheritance is a free, voluntary and individual act exercised by the legitimate heirs of the deceased. Therefore, each heir can make their decision regardless of the others’ opinions or decisions.
Something to keep in mind is that the inheritance can only be accepted or rejected in full; it cannot be accepted partially. This is because, if accepted, the heirs receive the assets but must also take responsibility for the deceased’s debts and obligations. There is a way to limit an heir’s responsibility for the deceased’s debts. This can be done by accepting the inheritance under the benefit of inventory.
What is inheritance under the benefit of inventory?
With this modality of acceptance, the heir only responds to the deceased’s debts with the inherited assets, never with their own personal assets. In other words, if debts exceed the value of the inherited assets, the heir does not have to pay the difference out of his pocket.
To use this benefit, it must be expressly stated by a notary or the competent court. Additionally, the procedure requires strict deadlines:
- If the heir knows they are entitled to the inheritance, they have 30 calendar days from that moment to request the inventory.
- If a judicial or administrative procedure related to the inheritance has already started, the deadline is 30 days from notification.
The inventory must include all assets, rights and debts of the deceased. Once completed and valued, it will be determined whether, after paying debts, there is any remainder to be distributed among the heirs.
Accepting under the benefit of inventory is recommended when the deceased’s financial situation is uncertain or when significant debts are suspected. However, the process is complex, lengthy and time-sensitive, so it is advisable to proceed with a notary or a lawyer specialized in inheritance law to avoid losing the right due to mistakes or missed deadlines.
Expenses and taxes related to the inheritance
Once the inheritance is accepted, consider the related costs, such as notary fees, lawyer fees or bank commissions.
Additionally, the Inheritance and Donations Tax must be paid. This is a state tax, but administered regionally, so the amount depends on where the deceased resided.
Summary
To know if you are an heir, the first step is to request the death certificate of the deceased from the Civil Registry. Once confirmed, you must obtain the necessary documents to get information about the inheritance and then decide whether to accept it, possibly under the benefit of inventory.
The most important documents related to the inheritance are:
- Death certificate: can be requested from the day after death.
- Certificate of Last Wills: can only be requested 15 business days after death (excluding Sundays and holidays).
- Authorized copy of the last will: there is no legal deadline, but it is advisable to request it as soon as possible.
- Declaration of heirs (if there is no will): there is no specific legal deadline to start, but advisable to do it soon because the procedure usually takes 20–30 business days once all documents are submitted.
All these documents must be held and presented by the heirs. Even if one heir has the information and submits it, the others can also do so if they wish.
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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