Can an inheritance be attached if the heir has debts?

Question

José Manuel Alburquerque · Accepted Answer

Yes. As soon as the heir accepts, their creditors can attach what they inherit. Before the estate is divided, the heir's share in the estate is attached and, afterwards, the assets allocated to them. If the heir renounces and has no other assets, their creditors can recover debts that predate the renunciation from the renounced share. They have one year to claim it. The deceased's creditors, on the other hand, can make sure they are paid before the heir's creditors. Before acceptance While the person from whom an inheritance is expected is alive, there is nothing to attach, not even the future forced share (“legítima”). After the death, the forced share owed to the heir can be attached. Once a month has passed since the death, the heir's creditors can ask a notary to require the heir to state within two months whether they accept or renounce. If the heir remains silent, they are deemed to renounce. If the heir renounces to the detriment of their creditors, the renunciation does not affect the creditors. If the heir has no other assets, the creditors can recover debts that predate the renunciation from the share of the estate that was due to the heir. They have one year from the renunciation to claim it. This applies where the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”), creditors can ask the court to authorise them to accept the inheritance on the heir's behalf, only up to the amount they are owed. After acceptance Before the estate is divided, the heir's share in the estate is attached. If there is real property, the attachment is entered in the “Registro de la Propiedad”, the Land Registry. The creditor can take part in the division so that it is not made to their detriment. If it is detrimental to them, they can challenge it. If not, the attachment passes to the assets allocated to the heir. After the division, the specific assets allocated to the heir are attached, like any other asset of theirs. If the heir is in insolvency proceedings, whatever they inherit is brought into those proceedings. Who gets paid first If the heir accepted with the benefit of inventory, their creditors cannot proceed against the assets of the estate until the deceased's known creditors have been paid. If not, the deceased's creditors and the legatees can ask the court for the estate to be kept separate from the heir's own assets, so that they are paid from it first. The heir's creditors can ask for the same in order to be paid first from the heir's own assets.