We analyze the necessary documentation for the formalization of the corresponding acceptance of inheritance once the death has occurred.
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What documentation is required after death?
There are two basic documents that are required and are a priority to obtain. This is the death certificate, which is acquired at the Civil Registry of the municipality in which the death occurred, and the certificate of last will and testament, which is issued on request by the Ministry of Justice. The latter may not be issued before 15 days have elapsed since the death.
Simultaneously to the application to the Ministry of Justice for the certificate of last will and testament, we will also apply to the same body to obtain the certificate of existence of insurance with death cover.
Existence or non-existence of a will
What are the next steps? Once the certificate of last will and testament has been obtained, it is possible to know if a will has been granted, either by the deceased or if it has not been granted.
If so, it is necessary to go to the protocol of the last authorizing notary in order to obtain an authentic copy of the will. This copy could never be obtained without previously obtaining the documents in the previous section and defined as basic documentation.
If no will has been made, a declaration of heirs must be filed before a competent notary or, if necessary, before the competent court, depending on the domicile of the deceased, for a declaration of heirs.
What is required to file a declaration of heirs?
This file can be requested by any heir, that is to say, it does not require the appearance of all the interested parties in the inheritance. It opens with an opening act, which requires the following documents of the deceased: ID card, death certificates and last wills, family book and in its absence, birth, marriage or death certificates proving the relationship between the deceased and those interested in the inheritance. If it is not clear which is the last place of residence of the deceased, a historical census certificate could be requested.
How are the assets owned by the deceased accredited?
If it exists, an important tool would be the declaration of wealth tax, which would clearly reveal the assets owned by the deceased. At least, by way of situation.
For real estate, whether rural or urban, the public deeds of ownership must be located, which can be substituted, if they cannot be located, by simple registry notes.
Certificates of bank balances and position balances (deposits, funds, etc.) at the date of death can be obtained from banks. It is also possible to acquire certification of the securities portfolio (shares, participations, debt).
In the case of vehicles or boats, it will be necessary to locate their identification and technical data sheet.
For life insurance, certification of its surrender value must be obtained.
In any case, any property that is transferred in the inheritance and is susceptible to identification and valuation may be added.
Can expenses and debts of the deceased be deducted?
In fact, the expenses of the last illness and burial, outstanding mortgages or loans, the taxes payable by the deceased and unpaid at the date of death are deductible, subject to documentary proof. Also deductible will be any expenses charged to the deceased that must be paid by the heirs: pending lawsuits, etc…