What is an estate in abeyance (“herencia yacente”)?

Question

José Manuel Alburquerque · Accepted Answer

It is the estate while none of those called to inherit has accepted it. The assets do not yet belong to any heir and await their decision. In the meantime, it is administered by the universal executor or the administrator appointed in the will. If there is none, those called to inherit can look after the assets and pay the expenses without this amounting to acceptance. It ceases to be in abeyance as soon as one of them accepts. Who administers it The universal executor or the administrator appointed in the will. A particular executor only carries out the specific tasks the testator entrusted to them. If there is none, those called to inherit can do what is necessary to preserve the assets, defend them and see to their ordinary management. As long as they confine themselves to that, it does not amount to acceptance. If there is nobody with powers to administer the estate, any of those called to inherit can ask the court to appoint an administrator. What is worth knowing Expenses keep coming in, such as the “IBI” (Spain's local property tax), the owners' association fees or the utility bills. Paying them with the estate's money is preserving it and does not amount to acceptance. Collecting the rent from a flat belonging to the deceased and paying it into an estate account counts as administration. Spending it as if it were your own may amount to acceptance. If the estate has income, such as rent, each heir declares their share of it in their income tax return. To collect it or open an account, the estate in abeyance can ask the tax authorities for its own tax identification number. The six-month period for filing the return for the “impuesto de sucesiones”, the Spanish inheritance tax, continues to run. The deceased's creditors do not have to wait. They can sue the estate in abeyance. It is usual to sue the known persons called to inherit as well. There is no time limit for accepting. But once a month has passed since the death, any interested party can ask a notary to formally require the heirs to decide. If they do not accept before a notary within two months, as a general rule they are deemed to have renounced. It is not the same as an undivided estate When the heirs have already accepted but have not yet divided the estate, it ceases to be in abeyance. The assets belong to all of them in common and they can manage them, pay the debts and request the division of the estate, applying to the court if they cannot agree.