How much does an inheritance court case cost?

Question

José Manuel Alburquerque · Accepted Answer

There is no fixed price, because it depends above all on the value of the assets and on whether the heirs disagree about the division. Each heir who takes part pays their own lawyer and court agent (“procurador”). The fees of the partitioner who makes the division and of the experts who value the assets are expenses incurred in everyone's interest and, under the “Código Civil de Cataluña”, the Catalan Civil Code, they are deducted from the estate. If someone objects to the division and loses, the judge can also order them to pay the costs, which are mainly the fees of the other parties' lawyers and court agents. Private individuals do not pay court fees. What has to be paid In the court action to divide the estate, which the law calls judicial division (“división judicial”), the usual expenses are these: The lawyer for each heir who takes part. Their fees are freely agreed and there is no official scale. The law gives each heir the right to have the engagement set out in writing, with an advance quote for the fees and expenses. The court agent, who is also compulsory and charges according to an official scale of fees. The partitioner who draws up the proposed division and the experts who value the assets, such as the valuer of a flat. They can ask for a payment on account, that is, for a sum to be advanced to them against their fees. The notary who carries out the notarial recording (“protocolización”) of the approved division and the “Registro de la Propiedad”, the Land Registry, which registers the properties in the name of each heir. Both charge according to their official scales of fees. Who pays for what The Catalan Civil Code says that the expenses arising from the division for the common benefit of the heirs are deducted from the estate. This is the case with the fees of the partitioner and of the experts. Each heir therefore bears them in proportion to their share, even if one of them has to pay them up front. In most of the rest of Spain, the Spanish Civil Code (“Código civil”) says the same and adds that expenses incurred in the interest of a single heir are paid by that heir. Each heir pays their own lawyer and court agent. If one of them objects to the partitioner's proposal, the objection is decided through the simplified procedure known as the “juicio verbal” and the judge can order whoever loses to pay the costs. The costs are the other side's expenses of the proceedings, mainly the fees of their lawyers and court agents, subject to the limits set by law. How to reduce the cost What makes the proceedings most expensive is an objection, because it opens a lawsuit within the division proceedings, with more work for lawyers and experts and the risk of paying the costs. That is why it usually pays to negotiate beforehand. The law generally requires an attempt to reach an agreement before suing. During the proceedings, an agreement can also be reached at any time and the proceedings brought to an end. A valuation commissioned by mutual agreement before the proceedings can save arguments and make some experts unnecessary. If everyone accepts it, there is no need to argue over the valuation of the assets in court.