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How long does it take to receive the inheritance?

Firmalex > Inheritance in Spain > How long does it take to receive the inheritance?

In this time of immediacy, we often rush through everything that happens in our lives. Moreover, when it comes to something financially significant, such as inheritance, it can solve or improve living conditions in some cases.

Legal processes, such as inheritance after death, can be complicated to understand and can take a long time, as we will see in this article.

When will I receive the inheritance?

The time that can pass before receiving an inheritance is very variable.

It can range from 2 to 4 months in the case of simple inheritances that include a will and the heirs agreement.

But if there is disagreement between those who are to receive the inheritance, there is no will, or the assets involved are complex, the inheritance process can easily take more than a year.

One important deadline to consider regarding inheritance is the payment of inheritance tax, which must be paid within a maximum of six months after the death, with the option to request an extension of up to 12 months.

Factors that influence the time it takes for an inheritance to be processed

The time will depend on different elements of the inheritance:

  • Presence of a will. This clearly and thoroughly drafted document is key to simplifying the inheritance process and significantly shortening the timeframe.
  • Agreement between heirs. If there are conflicts or disagreements among all the heirs, the deadline will be extended to reach an agreement for the distribution of the assets.
  • Simplicity or complexity of the assets. An inheritance involving a few, clear assets located in Spain is not the same as one involving properties abroad and greater complexity.
  • Lack of a will. If there is no will in the estate, a declaration of heirs will be required. This will extend the processing time because it can take between 1 and 3 months at the notary’s office or court.
  • Document search. There may also be differences at this point because the timescale depends on the information needed, such as a death certificate or a last will and testament.

Key steps and their approximate timeframes

As we have already mentioned, there may be large variations in the timescales. Although, each step can have an estimate of its duration:

  • Obtaining a death certificate and a last will and testament. You can apply in person or online by requesting an information note in the website, obtaining the document immediately.
  • Declaration of heirs. This document is only required for inheritances without a will. It is prepared at a notary’s office and can take between 1 and 3 months, depending on the availability of the professional.
  • Signing the inheritance deed. The legal signing of the inheritance deed at the notary’s office can take between 20 and 30 days after receiving all the necessary documentation.
  • Payment of Inheritance Tax. The maximum period for paying this tax is established by law: six months from the date of death that gave rise to the inheritance. Although, an extension can be requested.
  • Transfer of funds or assets. After completing all the procedures, the bank can take between 15 days and a month to release the funds in the bank accounts, in addition to the transfer of any assets that are part of the inheritance.

Tips to speed up inheritance management

Taking into account some advice can speed up the process of receiving the inheritance a little:

  • Grant a will. It’s best if the deceased has done so. If not, a notarial deed declaring intestate heirs must be prepared.
  • Obtain the Last Will and Testament Certificate. This can be obtained more quickly in person.
  • Gather the documentation. While you’re waiting for the certificate, gather the rest of the documentation needed.
  • Go to a notary. This is the fastest and most efficient way.
  • Ensure agreement between heirs. To use the notarial procedure, agreement between the heirs is required.
  • Hire an expert lawyer. This professional can facilitate the procedures, avoid errors, and ensure the process runs as smoothly as possible.
  • Bank account transfer. You can request an appointment at the bank to unblock the accounts by presenting the necessary documentation.
  • Manage the registration online. To expedite the registration of the deed of acceptance in the Property Registry, it is recommended to do so online through a professional.

The timeframe for receiving an inheritance after death varies depending on several factors, such as the existence of a will, the agreement between the heirs, and the way in which the necessary documentation is obtained. Generally speaking, it can be processed in as little as two months, or as long as a year or even longer.

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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