Legal tip 285. Inheritance and wills in Spain for dummies, VI
Thursday, June 3, 2010 @ 1:37 PM
If you die without a will, your heirs will have to formalize what is called a "certificate of inheritance", an affidavit that formally declares who are the relatives entitled to inherit under the rules we saw yesterday.
Who needs to issue the formal declaration? If, according to rules of Law, your heirs are your descendants, ascendants or spouse, this affidavit needs to be made by the local Notary where you had your last domicile.
If the heirs under the law are other ones (siblings, children of brothers or more distant degree relatives), the declaration of heirs have to be made by the Judge.
What documents will your heirs have to bring to the Notary?
- Personal identification card
- Certificate of death
- Negative Certificate from the General Registri of last wills
- Family Book
- Two witnesses among friends of the deceased´s family, no relatives
Compared to costs if you grant a will, these ones are multiplied by three if the statement is made by a notary and for more than three if the statement needs to be done before the judge.
By Jesus and Maria L. de Castro
Chiringuito en Bolonia, Tarifa, Cádiz by Chodaboy at Flickr.com