When is a declaration of heirs needed and how much does it cost?

Question

José Manuel Alburquerque · Accepted Answer

It is needed when the deceased did not make a will or when none of the heirs named in the will actually inherits. It is a notarial record (“acta notarial”) stating who the heirs are under the law. It cannot be completed in less than twenty working days and, in a simple case, it costs a few hundred euros. When it is needed If there is no will. The certificate of last wills from the “Registro General de Actos de Última Voluntad” confirms this. If the will is void or if none of the heirs it names is able or willing to inherit and the will does not say who is to replace them. It is not needed if there is a valid will appointing heirs. Under Catalan law, if there is no spouse, stable partner (“pareja estable”, Catalan stable partnership) or relative entitled to inherit, the Generalitat de Catalunya (the Catalan government) inherits, declaring itself heir through an administrative procedure. How it is done Anyone who believes they are entitled to inherit applies for it before a notary: The notary can be the one for the deceased's last address, the one for the place where most of his or her assets were, the one for the place of death or one in a neighbouring notarial district. The applicant provides the death certificate, the certificate of last wills and the documents proving kinship, such as the “libro de familia”, the official family record book. Two witnesses state that they know the family and that the deceased left no other heirs. They may be relatives, provided they do not inherit. Once twenty working days have passed since the application, the notary declares who the heirs are. If the notary cannot trace an interested party, he or she publishes a notice, waits a month and counts the twenty days from then. How much it costs The notary's fees, including copies, are set by the official scale of fees. In a simple case they are usually a few hundred euros, plus VAT and the certificates.