A relative has died: first steps in dealing with an inheritance in Spain

When a relative dies, inheritance is the last thing anyone wants to think about. But some formalities have deadlines and others get harder the longer they are left. This general guide helps put the first steps in order; every estate is different and the details depend on the case.

1. Gather the basic documents

Before deciding anything you need to know whether there is a will and what the estate consists of. You will normally need:

• the death certificate;
• the certificate of last wills, which shows whether the deceased made a will and before which notary;
• a copy of the last will, if there is one;
• documents proving who the heirs are.

2. Find out whether there is a will

If there is a will, it says who the heirs are and how the assets are divided. If there is not, Spanish law sets out who inherits and in what order, according to family relationship. In either case, confirm who the heirs are before taking any other step.

3. List the assets and debts

An estate is not only assets: it also includes debts. Try to gather as complete a picture as possible:

• property and its documentation (title deeds, land registry extract);
• bank accounts, investments and insurance;
• vehicles;
• loans, mortgages or other outstanding debts;
• any other right or asset of value.

4. Decide whether to accept the inheritance

Heirs can accept the inheritance or renounce it. Before deciding, it is important to understand the state of the debts, because accepting has consequences. If it is unclear, get advice before signing anything.

5. Taxes and deadlines

Inheritances are taxed, and there are deadlines to file the paperwork and pay. The rules depend on the applicable regulations and on each heir's situation, so it is wise to check them as early as possible to avoid surcharges.

6. Deed of inheritance and sharing out

Once all this is done, the inheritance is formalised before a notary and the assets are shared out. Heirs can do this by agreement. If they do not agree, going to court may be necessary.

When to ask for help

It is advisable to speak to a lawyer when:

• there is no will, or there are doubts about its validity;
• there are several heirs who do not agree;
• there are debts or assets in another country;
• property has to be sold or allocated.

If you need guidance on your case, you can contact the firm and we will tell you, with no obligation, whether we can help.