What to do when an heir refuses to sign the inheritance deed

The notarial notice compels the heir who refuses to sign to take a position on the inheritance. In fact, failing to respond implies pure and simple acceptance.

What happens if one of the heirs does not want to sign the inheritance deed?

When an heir refuses to sign the deed of inheritance due to disagreement over the distribution, problems usually arise. Indeed, the main issue in this situation is that it will lead to delays or even a blockage of the legal procedures required to distribute or sell the inherited assets.

That said, before giving a specific answer to this question, there are several things you should bear in mind.

Why is acceptance of the inheritance important?

Acceptance of the inheritance entails acquiring ownership of the deceased person’s assets and rights, which in turn involves accepting any debts and obligations associated with the estate. This acceptance may be:

• Express: by means of a formal declaration stating whether it is accepted outright or subject to the benefit of inventory.
• Tacit: through actions that clearly indicate the intention to accept the inheritance, such as moving into one of the properties included in the estate. This implies pure and simple acceptance in all cases.

But what happens if you do not accept an inheritance? Evidently, the process is effectively frozen, which delays the distribution of the assets among the other heirs. However, refusal will not exempt you from taking responsibility for the legal obligations linked to the inheritance. Even if you have not signed, you may still be required to answer for the liabilities corresponding to your share.

Can an heir be compelled to sign the inheritance?

Any lawyer specialising in inheritance matters, including ourselves, will recommend reaching an agreement, whether you are the one refusing to sign or it is another heir. After all, it is the quickest option and generally the most satisfactory for all parties involved.

In any case, the Civil Code, in Article 1005, provides a mechanism by which an heir can be compelled to take a position on the inheritance. This is known as a notarial notice.

What is a notarial notice?

A notarial notice is the legal procedure provided for when an heir refuses to sign the inheritance and obstructs the distribution of assets to the other beneficiaries. Its primary purpose is to compel them to formally and legally accept or renounce the inheritance.

This type of notice can also be defined as a notarial requirement in relation to an inheritance, as it must be drafted and sent by a notary. The document informs the heir of the existence of the inheritance and requires them to accept or repudiate it within a specified period. The Civil Code does not establish a specific deadline, but it is common to allow 30 calendar days for a response. It is also usually sent by recorded delivery, ensuring receipt.

Given its legal nature and detailed regulation, the notarial notice is not only used by co-heirs affected by one party’s refusal to sign. It is also frequently used by creditors to expedite the recovery of debts.

What happens if the heir does not respond to the notarial notice?

The final section of this notarial requirement sets out the consequences of failing to respond within the specified period. The most important is that inaction will result in pure and simple acceptance of the inheritance, that is, the acquisition of both rights and obligations—put more plainly, both assets and debts.

At this point, it is worth recalling that heirs have the right to accept the inheritance subject to the benefit of inventory, which is the recommended option when there are suspected debts. Under this arrangement, the heir is only liable for such obligations up to the value of the assets they receive, thereby protecting their personal estate.

Therefore, if the heir who does not wish to sign the inheritance fails to respond to the notarial requirement, they cannot opt for acceptance subject to the benefit of inventory. The difference is that, by accepting it outright, their personal assets may indeed be at risk.

Other subsequent situations

You now know what to do if an heir does not want to sign the inheritance. However, further issues may arise after the notarial notice, especially if the estate is small or there are many co-heirs. For example, if there are four siblings who only have to divide their parents’ family home.

It is possible that the heir who initially refused to accept the inheritance did not respond to the notice and is therefore deemed to have accepted it outright. However, later on, the remaining heirs may decide to proceed with the sale, while that person still fails to take a position or even refuses to agree.

This situation is far more complex. If no agreement can be reached between all parties, the only option is to go to court and, under Article 400 of the Civil Code, request the division of jointly owned property.

Clearly, a property cannot be divided into four parts. Therefore, the judge will order its sale at public auction and subsequently distribute the proceeds equally among all the heirs. The drawback is that the prices obtained through this mechanism are usually significantly lower than those achieved on the open market.

It is always advisable to seek legal advice

That said, we assume you are now clear on what to do if an heir refuses to sign the inheritance. Even so, we recommend placing your case in the hands of an inheritance law specialist solicitor from our firm. Explain your situation to us and we will advise you on everything you need so that you can defend your rights and receive your inheritance as soon as possible.