How long does an inheritance court case take?

Question

José Manuel Alburquerque · Accepted Answer

It depends above all on whether the heirs disagree about the division. There are no official statistics on how long this particular type of case lasts. The court action to divide the estate, which the law calls judicial division (“división judicial”), has short statutory time limits, such as the two months the partitioner has to propose the division, but how long it actually takes is determined by the court's workload, the valuation of the assets and any objection by one of the heirs. If everyone accepts the partitioner's proposal, it is much shorter. If anyone objects and then appeals, it can take more than a year and sometimes several. The steps in the proceedings The “Código Civil de Cataluña”, the Catalan Civil Code, allows any heir to ask the court to divide the estate when the heirs cannot agree, unless the will entrusts the division to an executor or an estate partitioner (“contador partidor”), or the will or an agreement between the heirs prohibits division for a period of time. The procedure is governed by the “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, which is the same throughout the country. Before applying, the law generally requires an attempt to reach an agreement. The proceedings then follow these steps: The application to the court, through a lawyer and a court agent (“procurador”). The meeting of the heirs, which the court clerk (“letrado de la Administración de Justicia”), the official who handles the proceedings at the court, calls for a date within the following ten days. At the meeting, the partitioner who will make the division and the experts who will value the assets are chosen. If the heirs cannot agree, they are chosen by drawing lots. The proposed division, which the partitioner must submit within a maximum of two months from starting work on it. If the partitioner falls behind, any heir can ask the court clerk to set a time limit. Ten days for the heirs to object. If nobody objects, the court clerk approves the division and orders its notarial recording (“protocolización”), that is, its incorporation into a notary's records. If anyone objects, a hearing before the judge within the following ten days to try to reach an agreement. If none is reached, the matter continues as a “juicio verbal”, the simplified procedure, which ends with a judgment. What makes it take longer The statutory time limits run from when each step is taken, but between one step and the next as much time passes as the court needs. In practice, the length of the proceedings depends above all on these factors: The court's workload, which determines when the application is admitted, when the meeting is held and, if anyone objects, when a date is set for the trial. The valuation of the assets. A flat can be valued quickly, but a business, quotas (“participaciones”) in a company or assets abroad take longer, especially if the heirs dispute the valuation. Disputes over which assets are included in the division, for example whether an heir owes money to the estate. If an inventory is drawn up in court and someone disputes an asset, that too is resolved through the simplified procedure. Appeals. If the judgment is appealed to the “Audiencia Provincial”, the provincial appeal court, the time taken by the appeal has to be added. Other inheritance disputes, such as challenging a will or claiming the forced share (“legítima”), are dealt with like any other civil case. There are no official statistics on how long they last either and, with an appeal, they are usually measured in years. How to shorten it The heirs can reach an agreement at any stage of the proceedings. If they ask jointly, the court clerk brings the proceedings to an end and places the assets at their disposal so that they can divide them as they have agreed. In Catalonia, the testator can provide in the will that, if the heirs cannot agree, the division is to be decided by an arbitrator. The heirs can also agree on this among themselves. It is usually quicker than going to court, although it has its own cost.