How to process an inheritance with a notary?
We explain all the elements you need to know about inheritances: minimum deadlines and necessary documents for their formulation.
The inheritance deed is created when an individual dies and their heirs initiate the procedure to distribute their assets.
What is our role as notaries in the processing of inheritances?
As notaries, we guarantee the legitimacy of the documents in which we are involved. We offer our clients absolute legal certainty in the extrajudicial field.
Additionally, we are public officials who, through our mediation and management, give public status to private documents and authorize them with our signature. One of our functions is to inform and advise our clients on public records about facts, matters related to wills, and inheritance law, among others. We thus perform a task of safeguarding documents in the so-called notarial protocols.
Finally, as notaries, we are required to remain neutral at all times in the acts in which we are involved, which fundamentally distinguishes us from lawyers, who take part in the process and always side with their clients.
Who signs the document?
The heirs of the deceased are the ones who officially sign the document, being the individuals designated by the deceased in the will or those appointed by law.
Do the heirs need to sign all the documents?
Yes. It is important to note that if any of the aforementioned heirs do not wish to sign, the distribution cannot proceed directly in the inheritance deed.
Requirements: What documents do I need?
Below, we specify each of the pertinent documents necessary to proceed:
- Death Certificate
- Last Will Certificate
- Copy of the will
- Bank certificates where the deceased had money
- Deeds of the properties in the name of the deceased
- Copy of the ID of the heirs and also of the deceased
- Certificate of residence of the deceased
What if I cannot obtain some of the documents?
At NOTARIA CRISTINA REQUENA, we will advise and accompany you at all times to obtain them. We will also take care of requesting them ourselves quickly and effectively.
Are there minimum deadlines for creating the inheritance distribution deed?
No. However, there is a minimum period within which the relevant tax must be submitted and paid directly to the Tax Office. Therefore, we advise you on how to handle the inheritance distribution. We try to avoid the tax payment as much as possible.
Need advice? Contact us now, we will be happy to assist you at all times.
