INHERITANCE



Among the professional members of the firm, we have lawyers with extensive experience in the area of succession law.

From this law firm, in order for you to have a better understanding of the inheritance process, we provide a summary of the steps in case of death of a family member with assets in Spain:

1.) Death certificate: This is available at the Civil Registry.


Modelo certificado defunción.

( Model death certificate )


2.) Registration Certificate of Last Will and Life Insurance: These certificates allow us to know if the deceased granted or not a will in Spain, and if the deceased had any life insurance policies.


Modelo certificado últimas voluntades.

( Model certificate wills )

Modelo certificado seguros de vida.

( Model certificate life insurance )


3.) With the Certificate of Last Will we know if the deceased gave testament, which involves three different consequences:

a) If there is a Spanish Will: We will have to request a true copy of the will made by the deceased.


Modelo certificado defunción.

Model (Will)


b) If there is a UK will: A UK competent notary will issue a certificate and Demonstrations Act of law in which those who are the heirs have agreed to set up in the will made by the deceased.


Modelo certificado defunción. Modelo certificado defunción. Modelo certificado defunción.

(modelo certificado de ley con testamento en ingles)




c) If there is no will neither Spanish nor English: The determination of who the heirs will be done through the "declaration of heirs." The intestate heirs shall be determined by the affidavit of notoriety, authorized by a notary with territorial jurisdiction, and that will be issued based on the documentation and the certificate issued by a notary law authority in the country of which he was a national.


Modelo certificado defunción. Modelo certificado defunción.

(modelo certificado de ley sin testamento español ni ingles)


4.) Once you have determined who the heirs are: you shall sign the appropriate Deed of Heritage Award, where the heirs were awarded their share of the estate.


Modelo certificado defunción.

( Award writing model inheritance )


5.) Once awarded the estate: the heirs shall pay, within a maximum period of 6 months, the inheritance tax at the office liquidators of the Ministry of Economy and Finance of the Autonomous Community of residence of the deceased (model 650)

(model 650)

, or in the Delegation of the AEAT Madrid if the deceased had not been resident in Spain (model 652).

(model 652)

6.) Once the inheritance tax is paid: there will be presentation of the Heritage Writing Award in the registry where they are registered for real estate and in banks where the deceased had checking accounts, savings to, deposits or investment funds for the purpose of releasing the money that exists in them.

In short, during the course of the procedure, from the first to the last step, we will at all times offer the legal advice and guidance of our attorneys in matters of succession.