You are currently viewing Consejos para entender el derecho sucesorio en España

Tips for understanding inheritance law in Spain

We understand that understanding the international inheritance process can be overwhelming. So whether you are in the planning stages of your own estate or are in the midst of administering an inheritance in Spain, we are here to provide you with the advice you need. As this article brings you the essentials, with valuable and practical information, to understand the legal and estate context in Spain.

1. Make sure you know the will and the designated heirs.

The first practical advice of inheritance law in Spain, is to determine if the deceased left a will. Because this document is essential and will specify how the assets of the deceased should be distributed. And in case there is no will, the laws of succession without a will will will be followed.

2. Obtain detailed information about the deceased's assets

The second tip is to try to gather as much information as you can about the decedent's assets. This includes properties, bank accounts, investments, debts and other assets that may have an impact on the inheritance. You can go to a law firm specializing in international inheritance to obtain all the information and legal status of the assets. 

This will help you get a clear picture of the financial situation, and in case you do not have the necessary resources for inheritance taxes. The value of the assets can be taken into account to pay for them, facilitating the process and avoiding unpleasant surprises later on.

3. Calculate and pay the corresponding taxes

In Spain, inheritances are subject to taxes, and it is essential to calculate and pay the corresponding amounts according to the locality. In these cases the Inheritance and Gift Tax (ISD) is the applicable tax. And heirs must file a declaration and pay the taxes within the established deadline to avoid fines and setbacks.

So in this step, our recommendation is that you obtain specialized advice that can help you to correctly calculate the tax burden, applying the corresponding legal benefits. Since a lawyer specialized in inheritance law can guide the heirs in the legal and tax aspects. To ensure that all legal requirements are met while maximizing all resources.

4. Distribution of assets and liquidation of the estate

Once the heirs have been declared and the taxes have been paid, the distribution of assets and the liquidation of the estate takes place. This process involves legally transferring ownership of the assets to the designated heirs. According to the proper legal procedures and with prior approval of the notary.

If the estate includes assets that are shared among several heirs, such as real estate, partitions may be necessary. This implies the division or sale of the shared assets in a fair manner. With clear agreements and legal mechanisms to avoid and resolve disputes between heirs.

On the other hand, the process of inheritance in Spain can be complex, but understanding practical tips for probate law. It can alleviate stress and facilitate a smoother transition. From identifying heirs to calculating taxes and distributing assets, each step is crucial and requires careful attention. Obtaining proper legal and tax advice is key to ensuring that everything is done in accordance with Spanish law and that the interests of the heirs are effectively protected.

So if you want more information or need advice on this and other issues related to inheritance law. Please do not hesitate to contact us through our contact page. In addition, we share with you our social networks so that you can keep updated on the legal topics that are in trend: Instagram, Facebook, Twitter y Linkedin.