Can I renounce an inheritance?

Yes. In Spain, it is possible to accept, accept with benefit of inventory, or renounce an inheritance.

Pure and simple renunciation: the heir does not acquire the assets or the debts of the deceased. The renunciation must be made before a notary and is irrevocable.

When is it advisable to renounce? When the debts of the deceased exceed the value of the assets, or when it is more advantageous from a tax perspective for the children to inherit directly (translative renunciation).

Acceptance with benefit of inventory: allows accepting the inheritance by limiting the liability to the value of the inherited assets, without responding with personal assets. It is the most prudent option when there is uncertainty about the debts.

The deadline to accept or renounce is indefinite, but the Tax Authority may claim if the tax is not settled within 6 months.

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More questions about Herencias

The taxes involved in the inheritance process are the inheritance and gift tax, which applies to the transfer of assets and properties, and the tax on the increase in value of urban land (Plusvalía).
The duration of the inheritance process can vary depending on several factors, such as the complexity of the inheritance, the amount of assets and properties involved, and any legal disputes that may arise. In general, the process can take between 2 and 4 months, and even years in more complex cases.
It is not mandatory to hire a lawyer or legal advisor to start the process of your inheritance, but it is highly recommended. A specialized lawyer or legal advisor can provide you with advice on the legal requirements, draft the necessary documents, and ensure that the process is carried out correctly and complies with all applicable regulations. At notaria-online.com, we have a team of lawyers and legal advisors who will assist you in the management and processing of your inheritance.
The inheritance process involves several steps, such as:
  • The location of the will in case the deceased had granted such document. If in fact a will had been granted, we would have to obtain the authorized copy of it by providing the certificate of last wills and the death certificate.
  • On the contrary, if no will had been granted, we will have to grant the deed of declaration of heirs, requiring also the death certificate and the one of last wills, in addition to all personal data of the heirs.
  • We must investigate to know what all the assets of the deceased person were, gathering the necessary information from banks, property registries, vehicles, as well as any other type of inheritable assets.
  • Once we have all the documentation, we must present to the liquidating office of the autonomous community where the deceased passed away, a list of assets providing all the information, in addition to presenting form 650 and forms 660.
  • Likewise, regarding the properties that the deceased had, a document must be presented in the town councils where those estates are located for the settlement of the municipal tax on the increase in value of urban land, commonly known as capital gains tax.
  • With this, we would have complied with what the law requires, leaving pending the granting of the corresponding deed of inheritance adjudication to award those assets to the heirs in accordance with the will or in accordance with the declaration of heirs.
The inheritance service of notaría-online.com is a legal service that provides advice and assistance in the entire process of administration and distribution of the assets and properties of a deceased person to their heirs. The objective is to facilitate and ensure an orderly and legal transfer of the inheritance assets.

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 registers, 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.

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