SUMMARY OF THE ARTICLE
1.- Personal documents of the deceased.
The first step is to obtain the death certificate, the Certificate of Last Wills (confirming whether the deceased made a will), and the Certificate of Life Insurance Policies. The last two can only be requested after 15 working days have passed since the date of death.
2.- Will or Declaration of Heirs.
If the deceased made several wills, only the most recent one will generally be valid. Where a will exists, an authorised copy must be obtained from the relevant notary. If there is no will, it will usually be necessary to complete a notarial Declaration of Intestate Heirs, proving the relationship between the heirs and the deceased.
3.- Inventory of Assets and valuation of the estate.
An inventory must be prepared covering all real estate (by checking the Land Registry and the Cadastre), bank accounts, investments and shares, by obtaining bank certificates showing the balances as of the date of death. Unlike other countries, Spain does not require a formal property valuation. The heirs declare the value themselves. However, the declared value for real estate cannot be lower than the official Reference Value assigned each year by the Spanish Cadastre.
When a family member passes away, grief is often accompanied by an important practical question. What documentation needed to inherit must be gathered? The answer is not always straightforward, particularly where the deceased owned assets in different locations or family members were unfamiliar with their affairs. Matters can become even more complex where a foreign law applies to the succession. In this week’s article, we go over the documents typically needed to inherit in Spain.
Personal Documents of the Deceased.
The first step is to obtain the death certificate, issued by the relevant Spanish Civil Registry. Once this has been obtained, the following documents should also be requested:
.- The Certificate of Last Wills, confirming whether the deceased made a Spanish will and identifying the notary before whom it was signed.
.- The Certificate of Life Insurance Policies, confirming whether the deceased held any life insurance or similar policy.
Both certificates may only be requested once 15 working days have elapsed since the date of death.
Will or Declaration of Heirs: The Document That Establishes Who Inherits.
Where a valid Spanish will exists, an authorised copy must be obtained from the Notary who holds the original. If there is no will, it may be necessary to complete a Declaration of Intestate Heirs before a Spanish notary. In these cases, documents such as the family record book and birth certificates proving the relationship to the deceased are usually required.
If the deceased was a foreign national, it will also be necessary to establish whether they made a will in their home country as well as in Spain. In addition, the law governing the succession must be determined. This will depend on factors such as the deceased’s habitual residence at the time of death and whether they made a valid “professio juris” electing the law of their nationality to govern their estate.
Inventory of the Estate: Property, Bank Accounts, Debts and Other Assets.
The next step is to prepare a complete inventory of assets of the estate, including the potential debts.
.- Real Estate.
Information regarding real estate is obtained from the Spanish Land Registry and the Spanish Cadaster. If you are unsure which properties the deceased owned, our firm can assist in identifying those assets through the Land Registry.
Regarding valuation, Spain does not require a compulsory professional appraisal, unlike many other jurisdictions. The value declared for inheritance purposes is determined by the heir. However, that value cannot be lower than the official Reference Value assigned annually by the Spanish Cadaster.
.- Bank Accounts, Investments and Other Financial Assets
Where the deceased held current accounts, savings accounts, investment funds, shares or other financial products; a certificate of balances as at the date of death must be requested from each financial institution. This document confirms the value of each asset on the date of death and is essential for distributing the estate, filing the Spanish Inheritance Tax return and completing the inheritance process.
Conclusion.
Gathering all the documentation needed to inherit can seem overwhelming, particularly during such a difficult time for the family. Having a clear checklist from the outset helps avoid unnecessary delays and complications.
At White Baos Lawyers, we specialise in Spanish inheritance law and have assisted countless families with the administration of estates in Spain. If you require assistance with an inheritance, please do not hesitate to contact us.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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