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Inheritances are not published in a general listing nor are they automatically notified, unless the testator specifically requested the notary to do so at the time of making the will. To find out if you have inherited, you must request the deceased's death certificate and go to the general registry of last wills to process the certificate that will indicate whether a will exists and in which notary's office it is deposited.
Where are inheritances published? How to know if I have inherited something, step by step
There are inheritances that are very clear. For instance, if one or both parents pass away, you know you have the right to receive their assets. However, there are other situations that are not as clear. This would be the case of a more distant relative or a friend with whom you no longer have much contact who dies and names you in their will, but did not notify you beforehand.
In these types of cases, are inheritances published somewhere? Is there anyone who notifies you that you are entitled to part or all of the inheritance? We are going to answer these two questions and many others here.
How do I know if I have an inheritance? The role of the notary
The first thing you need to know is that, in Spain, the privacy of the testator and the heirs stands above everything else. Therefore, unless the deceased gave orders to the notary to notify the heirs at the time of their passing, no one is going to contact you to collect the inheritance.
How to know if I have been left an inheritance? The legal channel
Legislation establishes a channel through which anyone can find out if they are the beneficiary of an inheritance. To begin, the only thing you need is the deceased person's death certificate. You can obtain it:
- On the Electronic Headquarters of the Ministry of Justice, identifying yourself with Cl@ve or a digital certificate. It is immediate.
- At the physical headquarters of the Civil Registry of the municipality where the death was registered. It usually requires a prior appointment.
- By postal mail, indicating the details of the deceased. It takes between 10 and 15 business days.
Once you have the death certificate, it is time to head to the Registry of Last Wills to obtain the Certificate of Last Wills. Just as in the previous case, you can carry out the procedure in person or online, which is much faster. Mind you, in this case, you will have to pay the fee imposed by the autonomous community where you reside using Form 790.
How do I know if I have an inheritance in my name? The Certificate of Last Wills
The Certificate of Last Wills is capital, since it specifies whether the deceased left a will and, if so, which notary they turned to. Get in touch with them to obtain an authorized copy of their will, as this is the fundamental document to start the probate and succession procedures.
The first thing you will be able to verify this way is whether you actually appear as an heir in the will or not, which is the most important thing in the first instance. The next step is to get in touch with the rest of the heirs, if any, after which you will have to determine whether:
- You accept the inheritance purely and simply: this implies that you assume both debts and assets without limits, meaning, responding with your own personal wealth if necessary.
- You renounce or reject the inheritance: in a total and irrevocable manner. You must formalize it through a public deed before a notary.
- Acceptance under benefit of inventory: this implies paying debts exclusively with the assets that make up the inheritance. Therefore, if the debts exceed the estate, the heir does not have to answer with their own personal wealth, which provides additional protection.
Once this point is reached, it will be time to distribute the inheritance, provided there is an agreement among the heirs. If this is not the case, a judicial process will be initiated to carry out the division while respecting the current legislation.
What is the deadline to accept or reject the inheritance?
Spanish law establishes a maximum period of 30 years counting from the death of the testator to claim their inheritance. A span of time that is considered more than sufficient. But how do you know if an inheritance has been accepted by the rest of the heirs? If it has occurred, the notary will inform you. Otherwise, you can use the mechanism of notary interpellation, after which they will have 30 calendar days to accept or repudiate the inheritance.
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