How to Inherit Step by Step?

Everything you need to do to know how to inherit step by step

Below, we will explain step by step everything you need to do to carry out the adjudication of inheritance from a deceased family member and thus know how to inherit.

These are all the documents you must gather to begin the process of inheritance adjudication due to the death of a family member:

1. Death Certificate

It is requested from the Civil Registry or Peace Court in the place where the death occurred.

2. Certificate of Last Wills

- It collects all the wills of a person.

- It is requested from the Territorial Management of the Ministry of Justice.

- The Death Certificate must be provided.

- Only the most recent one will be valid.

Once we have obtained the Certificate of Last Wills, it will indicate whether the deceased granted a will, or conversely, whether the deceased died without having granted any will.

3. Is there a will?

Yes.

In this case, you must contact the notary where the deceased granted the will, prove that you have a legitimate interest to request the authorized copy of the will, and pay the fees for issuing such copy.

If you do not want or do not have time to go to that notary, at notaria-online.com we offer an online copy request service through which we provide you with the document you need, for which you must have a digital certificate issued by the National Mint and Stamp Factory.

If, on the contrary, the deceased did not grant a will, we will then need to request a Declaration of Heirs Ab Intestato.

Declaration of Heirs Ab Intestato.

4. With the confirmation of the heirs, there are 2 possibilities

• Accept the inheritance The heirs must submit to the corresponding Tax Authority the form 650/660, in the required form and within the deadline, as well as a private or public document containing all the necessary data for the administration to verify and settle such inheritance adjudication. They must also submit documentation to the City Council where the deceased's properties are located to pay the Tax on the Increase in Value of Urban Nature (Capital Gains Tax). The department at notaria-online.com will handle, in the most convenient way for the heirs, all the procedures, submissions, and tax settlements necessary until compliance with the tax obligations of the heirs under the law.
• Renounce the inheritance With the renunciation, your status as a taxable person is extinguished. If you need to execute a renunciation of inheritance, do not hesitate to contact our consultants who will guide you step by step on how to proceed.

5. Access to the inheritance

Settling the inheritance taxes using forms 650 and 660, in addition to the municipal capital gains tax from the City Councils. Once the taxes are settled, the fiscal obligation is fulfilled, and access to the deceased's assets (real estate, etc.) can be obtained. Its completion is MANDATORY

There is a 6-month deadline with an extension of another 6 months (this extension must be requested before the sixth month begins, that is, at the latest in the fifth month)

Failure to process it will be penalized with a fixed fine of up to 9,015.18 euros for each taxable person.

Practical Advice

Some practical advice to keep in mind to know how to inherit, before making a decision on whether to renounce or accept an inheritance, includes:

• Obtain a detailed list of the deceased's assets and debts to assess the economic situation of the inheritance.
• Evaluate the possible costs of accepting the inheritance, such as taxes, maintenance expenses for the assets, etc.
• Consider the relationship with the other heirs and whether there may be family conflicts over the inheritance.
• Assess whether you have the time and resources necessary to administer and manage the inheritance assets.

Our Inheritance Services. We explain what you need to consider to know how to inherit.

MANAGEMENT SERVICES

1. Certificates

• Death Certificate
• Certificate of Last Wills
• Certificate of life insurance with death coverage
• Other certificates (marriage, birth, life certificate...)
• Residency registration

2. Benefits for Death and Survivorship

• Widow's and/or orphan's pension
• Death assistance
• Pension and subsidy in favor of family members
• Benefits under the special regime of the sea, the army, civil service pensions...
• Processing at the state level of foreign pensions with agreements with Spain.

TAX MATTERS

1. Taxes

• Inheritance and Gift Tax (ISD)
• Inheritance and Gift Tax for life insurance redemption (ISD-SEG)
• Tax on Property Transfers (ITP)
• Tax on Documented Legal Acts (AJD)
• Drafting and submission of the deceased's income tax return (IRPF)
• Communication and processing of municipal capital gains tax
• Processing of cadastral ownership change
• Administrative appeals

SUCCESSIONS

1. Estate Administration

• Advice and resolution of queries
• Request for authorized copy of the will
• Declaration of Heirs
• Renunciation
• Extinction of the usufruct of the deceased
• Delivery of legacies
• Partition notebooks
• Succession agreements
• Acceptance and processing of the inheritance
• Processing of the change of registry ownership of the assets
• Processing of the change of vehicle ownership
• Advice and drafting of wills (last will, living will...)
• Registry search for the location of real estate assets
• Redemption of the deceased's bank accounts
• Redemption of life insurance

2. Conciliation and Negotiation Between the Involved Parties

REAL ESTATE

1. Valuation

• Obtaining cadastral and registry certificates
• Study of the market valuation of the properties to be inherited
• Valuation reports
• Official appraisals
• Reference value

2. Asset Management

• Drafting of the strategic plan for the commercialization of inherited properties
• Commercialization of the properties
• Drafting of all types of sale or lease contracts
• Notarial assistance
• Cancellation and lifting of liens
• Certificate justifying “free of liens” from the homeowners' association
• Bank certificate of outstanding balance
• Management of the energy efficiency certificate
• Visas for VPO

OTHER LEGAL ACTIONS:

1. Extrajudicial/Judicial

• Processing of incapacity and appointment of guardian
• Processing of judicial authorizations and/or judicial defender
• Judicial partition of the inheritance
• Division of common property
• Debt acknowledgments
• Gifts
• Extinction of co-ownership
• Drafting of contracts
• Claim for amounts

OUR MANAGEMENT FIRM TAKES CARE OF:

CERTIFICATES:

• Death Certificate,
• Certificate of Last Wills.
• Certificate of life insurance with death coverage
• Other certificates (marriage, birth, life certificate, residency registration)

BENEFITS FOR DEATH AND SURVIVORSHIP:

• Widow's and/or orphan's pension
• Death assistance
• Pension and subsidy in favor of family members, among others.
• We also handle the processing of foreign pensions with agreements with Spain.

TAX MATTERS:

• Tax on Property Transfers (ITP)
• Tax on Documented Legal Acts (AJD)
• Declaration of the deceased's income tax (IRPF)
• Municipal capital gains tax.
• Cadastral ownership change
• Administrative appeals, among others.

SUCCESSIONS: We offer services such as:

• Advice and resolution of queries
• Request for authorized copy of the will
• Declaration of heirs
• Renunciation of inheritance
• Extinction of the usufruct of the deceased
• Delivery of legacies
• Partition notebooks
• Succession agreements
• Acceptance and processing of the inheritance
• Processing of the change of registry ownership of the assets
• Processing of the change of vehicle ownership
• Advice and drafting of wills (last will, living will)
• Registry location of all real estate assets of the deceased
• Redemption of the deceased's bank accounts
• Redemption of life insurance, among others.
• We also offer services for conciliation and negotiation between the involved parties.

REAL ESTATE:

• We manage the market valuation of the properties to be inherited
• Reference value
• Valuation studies
• Official appraisals
• Drafting of the strategic plan for the commercialization of inherited properties
• Commercialization of the properties
• Drafting of all types of sale or lease contracts
• Notarial assistance
• Cancellation and lifting of liens
• Certificate justifying “free of liens” from the homeowners' association
• Bank certificate of outstanding balance
• Management of the energy efficiency certificate
• Visas for VPO.

OTHER LEGAL ACTIONS:

• Processing of incapacity
• Appointment of guardian
• Processing of judicial authorizations and/or judicial defender
• Judicial partition of the inheritance
• Division of common property
• Debt acknowledgments
• Gifts
• Extinction of co-ownership
• Drafting of contracts
• Claim for amounts.