Processing of inheritances
The processing of inheritances in Spain is a complex process that may require the help of a professional, such as a lawyer or an administrator, to carry it out properly and efficiently.
It is important to keep in mind that the inheritance process can be long and complicated, and may require the intervention of several professionals, such as lawyers, notaries and administrators, depending on the complexity of the inheritance. Therefore, it is advisable to have professional advice to carry out this process correctly and efficiently.
The following are the main steps to carry out the processing of an inheritance:
- Obtaining the Death Certificate: This document is essential to start the inheritance process and can be obtained at the corresponding Civil Registry.
- Obtaining the Certificate of Last Will and Testament: This document indicates whether the deceased granted a will and, if so, before which Notary he/she did so. It can be requested at the General Registry of Last Will and Testament Acts.
- Obtaining the Will: In case the deceased has granted a Will, it will be necessary to obtain a copy of the Will.
- Identification of the heirs: Once you have the Certificate of Last Will and Testament, you must identify the heirs and their inheritance percentages.
- Settlement of Inheritance and Gift Tax: It is mandatory to pay this tax in the Autonomous Community where the real estate is located or where the deceased had his/her habitual residence. The amount of the tax will depend on the kinship relationship, the Autonomous Community where it is paid and the value of the inherited estate.
- Acceptance and distribution of the inheritance: Once the tax debts and debts left by the deceased have been settled, the inheritance can be accepted. If there are several heirs, they must reach an agreement on the distribution of the assets. In the event that an agreement is not reached, the dispute must be settled in court.
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