How long does it take to settle an estate?

Question

José Manuel Alburquerque · Accepted Answer

A straightforward estate, with a will and heirs who agree, usually takes between two and four months. Without a will, you have to add the declaration of heirs, which takes a minimum of about four weeks. If there are disagreements or assets that are difficult to value, it can take much longer. If it goes to court, years. The law sets no time limit for completing it, but the tax returns must be filed within six months of the death. The steps and how long they take Certificate of last wills from the “Registro General de Actos de Última Voluntad” —the Spanish register of wills— and certificate of insurance policies. They can be requested once fifteen working days have passed since the death. Online, they take from a few days to two weeks. Copy of the will or declaration of heirs. The notary provides the copy within a few days. The declaration of heirs cannot be completed until twenty working days after it is applied for. If the notary has to publish notices, at least another month. Valuation of the assets and division. It depends on how many assets there are and on the heirs reaching agreement. Deed of acceptance and division before a notary. With all the documents in place, a few days or a few weeks. The “impuesto de sucesiones”, the Spanish inheritance tax. Six months from the death, or one year if an extension is requested within the first five months, with interest. The “Registro de la Propiedad”, the Land Registry. If the deed is in order, the registrar has fifteen days from receiving it to register it. The bank. With the division signed by all the heirs and the tax paid, it usually releases the money within a few days or weeks. What makes it take longer The absence of a will. An heir who does not sign or does not agree with the others. Assets abroad, businesses or debts. An heir who lives outside Spain or is a minor.