Useful information on inheritance
Who are heirs?
The main heirs are the forced heirs: the children and descendants with respect to their parents and ascendants, as well as the widow/widower. It may be the case that they do not have forced heirs, in which case, by means of a will, they can assign all or part of their assets to any qualified person.
Dissolution of inheritance: is there a will?
The first question is to find out whether the deceased had a will, this information can be checked from the register of last wills by submitting the will certificate. The following possibilities exist.
- If there is a will, you must go to the notary’s office that has either granted the will or has the protocol of the corresponding notary, or if the will is more than 25 years old, to the general archive of protocols.
- NOT there is no will, in this case we will proceed to start the process of formalising a notarial deed for the declaration of heirs, it is necessary to prove to the notary that the person has died, that he/she did not have a will and who his/her heirs are. Once the notarial deed has been drawn up, it is sent to the notary’s office, where it will wait for 30 days to see if another heir has initiated or completed the same procedure. If it is the first one, the notarial deed will be closed after one month.
What about debts?
Debts are obligations which, like assets, are also inherited, whether known or unknown. It is advisable to make enquiries before accepting an inheritance, and in case of doubt to accept it “with benefit of inventory”.