What is the declaration of heirs and when is it necessary?

The complete online inheritance process usually takes between 2 and 4 months. The timelines depend on several factors:

• The existence or not of a will (without a will, the process is somewhat longer as it requires a declaration of heirs)
• The number of heirs and their availability to sign
• The complexity of the estate (properties in different registries, accounts in various banks, investments, etc.)
• The efficiency of administrative bodies (Civil Registry, notaries in other municipalities, etc.)

In simple cases with a will and a single property, the process can be completed in 6-8 weeks.

The documents required to process an inheritance in Spain are:

• Death certificate of the decedent (Civil Registry)
• Certificate of Last Wills from the Ministry of Justice (confirms if there is a will and before which notary)
• Will (authorized copy if it exists)
• DNI/NIE of the deceased and of all heirs
• Family Book to prove kinship
• Deeds of real estate properties owned by the decedent
• Bank certificates with balance as of the date of death
• Documentation of vehicles, investment funds and other assets

Our team will inform you precisely which documents are required in each case and assist you in obtaining them.

Yes. The Inheritance and Gift Tax (ISD) must be settled within the 6 months following the death. There is the possibility to request an extension of another 6 months if requested before the original deadline expires.

Consequences of not paying on time:

• 5% surcharge if paid within the 3 months following the expiration of the deadline
• 10% surcharge between 3 and 6 months of delay
• 15% surcharge between 6 and 12 months of delay
• 20% surcharge if it exceeds 12 months, plus late payment interest

The deadline for the Municipal Capital Gains Tax is also 6 months from the death.

Yes, a notarial power of attorney can be revoked at any time by the grantor, unless it is irrevocable by agreement.

Revocation Procedure:

1. Grant a notarial deed of revocation before a notary
2. Notify the revocation to the attorney-in-fact (recommended in a verifiable manner: burofax)
3. If the power was used for registry inscription or was notified to third parties, it is advisable to also notify those third parties

Automatic extinction of the power: The power extinguishes without the need for revocation in the event of death, declaration of incapacity, or bankruptcy of the grantor or the attorney-in-fact, unless it is a preventive power.

It is important to act quickly when you want to revoke a power to prevent the attorney-in-fact from carrying out undesired acts before receiving the notification.

Yes, exactly the same legal value as a power granted in person.

The Notarial Law, reformed to permit notarial actions at a distance, establishes that the notary may authorize public documents by identifying the grantor through videoconference with the required technical guarantees.

The process is identical to the in-person one:

1. The notary verifies the identity of the grantor by means of DNI/NIE visualized by camera
2. The notary reads the document in full
3. The grantor gives their consent
4. The notary attests to the signature and the content

The resulting document is a notarial public deed with full validity erga omnes, registrable in registers, accepted by banks, administrations, and tribunals.