Inheritance Lawyer in Torrevieja

Spanish estates usually stall for the same reasons: tax deadlines running from the date of death, heirs living abroad, assets missing from the will, or a co-heir who will not cooperate. We manage the file from start to finish and advise from day one whether to accept outright, accept under benefit of inventory, or renounce.

What the full procedure includes

  • Death certificate, register of last wills and life insurance register.
  • Authorised copy of the will or a notarial declaration of heirs where there is none.
  • Inventory of assets and debts.
  • Deed of acceptance and allocation of the estate.
  • Inheritance tax and municipal capital gains tax returns.
  • Land Registry and cadastral registration of the new owners.

Accept, accept under benefit of inventory, or renounce

Outright acceptance makes you liable for the deceased's debts with your own assets. Acceptance under benefit of inventory limits liability to the estate but requires strict formalities and deadlines. Renunciation must be made by public deed, is irrevocable and cannot be partial or conditional.

Inheritance tax in the Valencian Community

The filing deadline is six months from death, extendable by six more if requested within the first five. The Valencian Community offers substantial relief for spouses, descendants and ascendants, but it is lost if the return is filed late. Non-resident heirs may apply regional rules under Supreme Court and CJEU case law.

Frequently Asked Questions

How long does an estate take?

With a will and no dispute, two to four months. Without a will, a declaration of heirs adds several weeks. A contested judicial division takes years.

What if the inheritance tax is filed late?

Late filing without a prior demand triggers surcharges; if the tax office demands it first, penalties apply and regional relief may be lost.

Can I renounce only part of the estate?

No. Renunciation is total, unconditional and irrevocable, and must be made by public deed. If you want some assets and not others, the route is division of the estate.

Can an inherited property be sold before paying the tax?

Not in practice: the Registry requires the registered deed of inheritance and proof of payment or exemption. The property also remains liable for the inheritance tax, which affects the buyer.