Do you have to go to a notary to accept an inheritance?
Not to accept it. In Catalonia, an inheritance can be accepted in a private document and even without signing anything, simply by acting as heir. But if there are flats, houses or land, a deed before a notary is normally needed, because the “Registro de la Propiedad”, the Land Registry, requires one in order to put them in the heirs' names. To renounce it, however, you always have to go to a notary.
Alburquerque Abogados
José Manuel AlburquerqueWays of accepting
Catalan law allows two:
- Express, in a deed before a notary or in a private document signed by the heir.
- Tacit, when the heir does something that he or she could only do as heir, such as selling an asset of the estate.
Acceptance cannot be undone.
When a notary is needed
- To register flats, houses or land in the heirs' names. The Land Registry requires a public deed. If there is only one heir, an application signed by the heir before the land registrar is sometimes enough.
- To renounce the inheritance. A renunciation is only valid if it is made before a notary.
No deed is needed to collect the money from the bank. A document signed by all the heirs is enough, provided the signatures are verified as theirs. The “Banco de España”, Spain's central bank, regards it as bad practice for a bank to require the deed.
If there are debts, it is advisable to draw up an inventory so as to answer for them only with the assets of the estate. Under Catalan law, this must be done within six months of learning that you are an heir, before a notary or with the return for the “impuesto de sucesiones”, the Spanish inheritance tax. Under the Spanish Civil Code (“Código Civil”), it must be done before a notary and the time limits are different. If the heir is in possession of the assets, there are only thirty days.
The notary charges for the deed according to the official scale of fees, which depends mainly on the value of the assets.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.