What can be done if an heir refuses to sign the inheritance deed?

It depends on why they will not sign. If they cannot make up their mind to accept, any interested party can ask a notary to formally require them to decide. If they do not accept before a notary within two months, they are deemed to have renounced, with some exceptions. If they have already accepted but do not agree with the division, any of the others can ask the court to divide the estate. In the meantime, each heir can file a return for their own share of the “impuesto de sucesiones”, the Spanish inheritance tax.

Alburquerque Abogados

José Manuel Alburquerque
Inheritance and succession

If the heir cannot decide

  • Once a month has passed since the death, any interested party, such as another heir, a legatee or a creditor, can ask a notary to formally require the undecided heir to state whether they accept or renounce.
  • The notary asks them in person at least twice. If the notary cannot find them, by registered post and, failing that, through notices in the press.
  • If they do not accept in a public deed within two months, they are deemed to have renounced. There are special rules if they are a minor or a person with a disability.
  • If they renounce, their share goes to whoever the will names for that case or, if it says nothing, normally to the other heirs.

This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”), if they do not reply within thirty calendar days, they are deemed to have accepted and must also meet the debts from their own assets.

If they have already accepted and are blocking the division

  • Selling an asset of the estate or dividing the estate requires everyone's agreement. A single heir can block it.
  • If the will appoints an executor or an estate partitioner (“contador partidor”), they can divide the estate without the heirs.
  • If not, any heir can ask the court to divide the estate. The heirs choose a partitioner who draws up the proposal and, if they cannot agree, one is chosen by lot from among lawyers. If anyone objects, the judge decides.
  • Before anyone goes to court, the law generally requires them to try to reach an agreement, for example through mediation. That is often enough to break the deadlock.

In the meantime

  • Each heir can file a return for their own share of the inheritance tax within six months of the death, even if the others do not.
  • Decisions on ordinary management are taken by majority, according to each heir's share. Anyone can do what is needed to preserve the assets, such as paying for insurance or an urgent repair. If they cannot agree, any of them can ask the court to appoint an administrator.
  • If one of them collects rent from the estate, they will have to account for it when the estate is divided.

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.