An inheritance is often a painful and difficult process for the heirs, who are faced with a long and sometimes bureaucratically complicated procedure.
With the following scheme, we are going to explain which are the steps to be followed by the heirs of an inheritance in Spain.
These steps may vary depending on the particular situation:
- Obtaining the Death Certificate: The first step is to obtain the death certificate of the deceased. This document is essential to prove the death and start the inheritance process.
- Obtaining the Certificate of Last Will and Testament: This document indicates whether or not the deceased granted a will, and if so, before which notary it was granted.
- Declaration of Heirs: If there is no will, the declaration of heirs will be made before a notary. This involves determining who are the legal heirs of the deceased in accordance with Spanish law.
- Inventory of Assets and Debts: An inventory of the deceased’s assets and debts must be made. This involves collecting information on properties, bank accounts, investments, debts, and other assets and liabilities.
- Payment of Taxes: The heirs must settle the taxes corresponding to the inheritance, such as Inheritance and Gift Tax. The amount payable may vary depending on the autonomous community in which the estate is located.
- Adjudication of the Inheritance: If there are several heirs, the distribution of the inheritance must be agreed upon in accordance with the provisions of the will or the applicable legislation.
- Liquidation of the community property (if applicable): In the event that the marriage of the deceased was under the community property regime, the liquidation of the community property must be carried out, dividing the assets and debts between the spouses.
Do not hesitate to consult with our lawyers specialized in inheritance if you have any doubts.
