In this article, one of our professionals from Welex, leading firm of lawyers and accountants in Marbella, will explain in detail what documentation is necessary to execute a Deed of Acceptance and Adjudication of Inheritance before a notary in Spain.
What documentation is necessary to execute an Acceptance of Inheritance Deed before a Notary in Spain?
First of all, we would like to warn you that in the event of the death of a person outside Spain, in the case that the various documents required are to be issued by authorities outside Spanish territory, the documents must have the Apostille of the Hague Convention.
Legalisation by apostille consists of adding to the public document issued by the authority of your country an Apostille or annotation that will certify the authenticity of the signature of the public documents issued in a country that is a signatory to the 12th Hague Convention of 5 October 1961. For clarification purposes, we inform you that the documents that are apostilled are judicial documents, administrative documents and notarial documents. On the other hand, documents issued by a diplomatic or consular official cannot be apostilled.
- Death certificate with Apostille
This document, issued by the competent authority of your country, will certify the date and place of death. In the case of death outside Spain, we will need the certificate with Apostille of the Hague Convention.
2. Will in Spain. Will outside Spain with Apostille
In the event that the deceased had granted a Will in Spain, it will be necessary to obtain an authorised copy of the document issued by the Notary before whom it was granted, or by the Notary who currently holds the protocol.
If the person granted a will in the country of residence, it will be necessary to obtain an authentic copy of said will with the Apostille of the Hague Convention.
3. Deed of Declaration of Heirs with Apostille in Spain.
If the inheritance has already been accepted by the heirs in the country of residence of the deceased, we will need to obtain an authentic copy of this deed with Apostille of the Hague Convention.
4. Passport or identity card of the heirs
The heirs must present their passport or identity document for the purpose of identification before the notary in Spain, at the time of the granting by said heirs of the Acceptance of Inheritance Deed.
5. NIE (tax identification number for foreigners) of the heirs
This is a personal, unique and exclusive number assigned to foreigners who, due to their economic, professional or social interests, are related to Spain, for the purpose of identification.
6. Passport and NIE of the deceased person
7. Purchase Title Deed granted when the property in Spain was acquired
In the event that the deceased held ownership of a property in Spain, it would be advisable to provide a copy of the Purchase Deed of said property for its identification and inclusion in the subsequent Acceptance of Inheritance Deed, to be granted by the heirs before a Spanish Public Notary.
8. Copy of any IBI or garbage receipt paid, even if it is and old copy
In this way we will be able to identify the property for Cadastre purposes and find out if there is any outstanding debt for IBI or garbage collection in Spain.
9. Balance of the bank account(s) in Spain at the date of death
If the deceased had an account at a bank in Spain, it is necessary to obtain a certificate to be issued by the bank certifying the balance of the account at the date of the decease. This certificate will be incorporated into the signature of the Acceptance of Inheritance Deed.
10. Vehicle registration certificate
In the event that the deceased owned a car in Spain, this will form part of the inheritance, and it will therefore be necessary to provide the vehicle’s Technical File and Driving Licence.
If you need advice on the documentation required to execute a Deed of Acceptance and Adjudication of Inheritance before a notary in Spain, please do not hesitate to contact us. Our team of lawyers and accountants at Welex will provide you with the necessary legal and fiscal advice.
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