Can one heir accept the inheritance while another does not?

Question

José Manuel Alburquerque · Accepted Answer

Yes. Each heir decides independently whether to accept or renounce. What one does is not binding on the others. An heir who accepts can do so alone, even in a deed before a notary, without waiting for the others. But to divide the estate, withdraw the money from the bank or put the flats in the heirs' names, you need all those who have accepted, the estate partitioner (“contador partidor”) appointed in the will or a judge. If one accepts and another renounces The share of the person who renounces goes to whoever the will names for that case. If it says nothing, it is normally added to the shares of the other heirs. Without a will, it goes to the others who inherit alongside them, such as their siblings. It does not pass to their children unless everyone renounces. Accepting and renouncing cannot be undone. If one of them cannot decide In Catalonia there is no time limit for accepting. But once a month has passed since the death, any of the others can ask a notary to formally require that heir to make up their mind. If the heir does not accept before a notary within two months, as a general rule they are deemed to have renounced. What each heir can do alone Accept and file the return for their own share of the “impuesto de sucesiones”, the Spanish inheritance tax, for which the time limit is six months from the death. Ask the court to divide the estate if the others are blocking the division. Look after the assets and pay urgent expenses. If they have not yet accepted, this does not amount to accepting. Sell their share of the estate as a whole, but not a specific asset, which belongs to all of them until the estate is divided. If they sell it to someone who is not an heir, they must first offer it to the others at the same price.