In order to acquire the goods and rights that make up the deceased’s estate, first of all, it must be accepted.
This acceptance may be express or implied.
Express acceptance; it can be given in a private document or in a notarial deed.
Tacit acceptance; acceptance is presumed for the performance of acts by the inheritor of the goods granted for their possession.
Ways to accept the inheritance
Pure and simple acceptance; only recommended in those cases in which there is absolute certainty that the debts of the deceased do not exceed the amount of the assets that make up the inheritance. If not, the inheritor would have to respond with his own assets from the debts of the inheritance
Acceptance for the benefit of inventory; it is advisable in those cases in which there is doubt as to whether the debts of the deceased exceed or not the amount of the assets that make up the inheritance. In this case, the inheritor would only be liable for the hereditary debts up to where the value of the goods received by the same reached.
Guidelines to follow for the acceptance of the inheritance
At the time of going to the Notary to carry out the writing of acceptance of the inheritance is necessary that the call to inherit follow the following guidelines:
Have a copy of the death certificate of the deceased, which will be obtained in the Civil Registry of the municipality in which he has deceased.
Request the certificate of last wills, as well as the certificate of coverage insurance for death.
Request an authentic copy of the will. In case there is no testament, the future inheritance must go to the Notary to make the declaration of heirs ab intestato.
Can you repudiate the inheritance?
Yes. The repudiation of inheritance constitutes a declaration by the inheritor where he expressly rejects the inheritance. It must be done judicially or in public deed before a Notary.
The acceptance and repudiation of the inheritance are irrevocable.
Are there deadlines to accept the inheritance?
The only term to take into account is the Inheritance Tax, which is 6 months from the declaration of death.
However, it is worth mentioning that any person that may affect the acceptance or repudiation of the inheritance may require notarially that the call to inherit accepts or repudiates. The call will have a period of 30 days to accept, purely and simply or to benefit inventory, or repudiate the inheritance. If within that period he does not manifest his will, the inheritance will be understood as accepted purely and simply.
We hope this information has been useful and if you need any clarification do not hesitate to contact us
The preparation of the will is not mandatory, but it is advisable to do it to avoid conflicts to the heirs. The will is defined in the Civil Code as the act by which a person has after his death all or part of his assets.
What happens if there is no Testament?
In the absence of a will, it is the law that determines how the assets of the deceased should be distributed among their heirs according to the order of kinship: descendants, ascendants, spouse, collateral, other relatives, and finally, the State.
In these cases, a “declaration of heirs ab intestato” must be formulated both for cases in which there is no will and for those in which the testament granted is declared void. This declaration is a public document that shows which relatives have the right to inherit, in accordance with the aforementioned rules. This procedure is always done before the Notary.
It should be noted that the cost of these procedures is up to three times more expensive than in those cases in which there is a will.
Kinds of Testaments
The testament can be holographic, open or closed
The testament is holographic when the testator writes it himself. It must be signed and the date on which it is granted must be collected. The person who has it in his possession must present it to the Notary within 10 days after becoming aware of the death.
The open testament, which is the most common, must be granted before a Notary before whom it will express orally or in writing its last will. In these cases the Notary orients the testator in the decisions regarding the distribution and destination of his assets and rights.
The testament closed is a written document where the testator, without revealing his last will, declares that this is in a statement delivered to the Notary. It has the following requirements: statement of the testator that the closed sheet contains his last will and presentation of the same to the people who must authorize the act.
How much does it cost to make a will?
Making a testament is worth approximately between 38 and 50 Euros, and this amount may vary exceptionally.
Can the will be revoked?
The testament is essentially revocable and can be modified until the moment in which the testator dies. The testament can be revoked, on one side, totally or partially, and on the other hand, expressly or tacitly.
The express revocation is given when the testator grants a new testament repealing expressly the previously granted.
The tacit revocation occurs with the granting of a new testament by the testator without expressly repealing the previous one.
We hope this information has been useful and if you have any questions about it, please do not hesitate to contact us.
Currently, many Spanish have been affected by the purchase of preemption. When trying to recover their savings, they have seen that this money cannot be easily obtained.
María Concepción Rayón tells us in this interview to Cadena SER Madrid Sur what are the preemption and how to claim about them.