Many of the visits we receive at our law firm in Murcia are from clients who wish to process an inheritance following the death of a family member. Therefore, today we want to discuss the inheritance process.
Steps to follow to process an inheritance
Upon the death of a person, his or her assets and rights are transmitted to the corresponding heirs. This process begins by obtaining the death certificate and ends with the delivery of assets.
Before continuing, it is important to differentiate between the two types of successions that exist:
- Estate. Before death and through the will, the person distributes his assets and rights (in whole or in part) so that they can be received by his legatees after his death.
- Intestate. In this case there is no will (or it is declared null). The closest relatives will be called to inherit and it will be mandatory to make the Declaration of Heirs.
Documents necessary to process an inheritance
Death Certificate
First, you will need a death certificate. This can be obtained in person at the Civil Registry where the death is registered. It can also be requested by mail or online.
Certificate of Last Wills
Regardless of whether we are faced with a testated or intestate succession, the second thing to do is obtain the certificate of last wills to know if the deceased made or did not make a will. Your request must be made in person at the Ministry of Justice, by mail addressed to the General Registry of Last Will Acts, or online on the Ministry of Justice website. The application cannot be submitted until 15 business days have passed, not counting the day of death, nor Saturdays, Sundays or holidays.
Death Certificate, Family Book and Certificate of Last Will Acts
In the case of an intestate succession, when the deceased did not make a will, the literal certification of death, the family book and the certificate of last wills (which accredits and certifies that the deceased did not make a will) are necessary.
Insurance certificate
The next step in processing an inheritance is obtaining the life insurance certificate, which determines whether the deceased had a life insurance policy and with which company or insurer. This certificate can be requested electronically, via a form available on the ministry's website, fifteen business days after the date of death.
Authorized Copy of the Will or Declaration of Heirs
If the certificate of last wills certifies that the deceased left a will, in addition to carrying out all the above inheritance procedures, it will also be necessary to obtain an authorized copy of the will, and to do so it will be necessary to go to the notary office that indicates the certificate of last wills. and request an authorized copy.
On the contrary, if the certificate of last will and testament certifies that the deceased did not leave a will, it will be necessary to go to a notary to request a declaration of heirs, if the relationship with the deceased is kinship, or to the court of first instance, if there is one. kinship connection.
The declaration of heirs will be made in the place where the deceased had his last domicile or habitual residence, where the majority of his assets were located, or in the place where he died. In addition, it will be necessary to have two witnesses so that the notary can draw up a document declaring the status of heir.
Once these procedures have been completed, the notary draws up a document declaring those who hold and have proven such status as heirs of the deceased.
Inheritance Adjudication Deed
Following the declaration of heirs, the next step in processing an inheritance is the execution of a deed, also notarized, for the distribution of inherited assets. This deed details the assets and rights owned by the deceased and their allocation among the heirs. It also includes the partition document, which identifies all those with an interest in the inheritance, lists the assets, includes any debts of the deceased, and specifies the allocations made to each heir or legatee.
Finally, if the deceased left a will, the deceased is the one who designates the heirs and those people who will receive their assets and rights.