Wills, Inheritance and Gifts
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Wills
Make your will with full legal certainty
Declaration of Heirs
Obtain the notarial declaration of heirs
Estates
Acceptance and distribution of estates
Gifts and donations
Transferring assets free of charge during your lifetime
European Certificate of Succession
Document for cross-border estates within the EU
What it is
The deed of estate records how a deceased person's assets are shared out among the heirs. Where there is property, it is the usual instrument for allocating it and registering it in the heirs' names at the Land Registry.
Steps in the process
Prove the death and the basis of succession
Will or declaration of heirs.
Identify the heirs and the assets
Inventory of property, accounts, vehicles and so on, with valuations.
Calculate shares and allocate
Who receives what, plus any excess allocations and compensating payments.
Signing the deed
By the heirs, and by legatees if they take part.
Afterwards
Settling inheritance tax, the municipal capital gains tax where applicable, and filing at the Land Registry for property.
Required documents
Certificates relating to the deceased
- Death certificate.
- Certificado de últimas voluntades, the Spanish register of last wills.
- Certified copy of the will if there is one, or otherwise the declaration of heirs.
Identification of the heirs
- DNI, NIE or passport of the heirs and those attending, plus marital status details.
- Birth or marriage certificates where needed to prove kinship or matrimonial property regime.
List of assets and supporting documents
Property:
- Title deeds, Land Registry details, cadastral reference and the IBI property tax receipt.
Accounts and securities:
- Bank certificates showing balances at the date of death.
Insurance:
- Insurance certificates and beneficiary details, where applicable.
If there are debts:
- Supporting documents such as loans and receipts.
Representation
If someone acts as a representative: the power of attorney.
The notary's office may ask for further documents depending on the specifics of each transaction and the applicable rules.
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