Once the heirs and/or legatees have been determined, either by a will or by an ab intestato declaration of heirs, they can appear before the Notary Public to execute a deed of acceptance and adjudication of the inheritance in Spain.
In general terms, the documents required to prepare a deed of acceptance/award of inheritance in Spain are as follows:
– A copy of the identity documents of all the heirs, or a copy of their passports and NIE in case they are foreigners.
– A family Book, to prove the marital status and number of children of the deceased.
– Death Certificate, to accredit the death of the person who caused the inheritance.
– Certificate of last will and testament, which will determine if the deceased made a will during his or her lifetime, and if so, the notary who authorised it.
– An Authorised copy of the will, if it exists. In the case of a foreign will, it must meet the requirements of Spanish law, must be apostilled, and must include a sworn translation of the will.
– In the event that there is no will, the succession will be opened ab intestato, where the certificate of declaration of heirs ab intestato will be necessary.
– In the event that the deceased was a foreigner with assets in Spain but who had not made a will either in Spain or abroad, the relatives must provide a certificate of law issued by the competent authorities in matters of succession in the country of the deceased, which determines the heirs of the deceased and the distribution of his assets, also those located in Spain. This document may be replaced by the European Certificate of Inheritance.
– A copy of the deeds or contracts containing a description of the property belonging to the deceased.
– Real estate tax (IBI) receipts in the case of urban property and industrial estates and plots in the case of rural property.
– In the case of current accounts, deposits, funds with banking institutions and credits, certificates issued by the corresponding institutions will be necessary indicating the creditor or debtor positions of the deceased at the date of death and the average.
– Life insurance certificate in the name of the deceased.
– In the event that there are vehicles in the name of the deceased, the vehicle documentation.
– Finally, if there are any invoices for the deceased’s burial.
In general terms, these are the necessary documents that you, as the heir, must provide in order to execute the Deed of Acceptance and Award of Inheritance in Spain.
From the Welex offices, we will resolve any questions you may have regarding this matter.