These procedures are carried out before a notary and without delay
Sènakpon Gbassi - Avocat aux barreaux de Paris et d'Alicante (Espagne)
In Spain, acceptance and renunciation are usually carried out before a Notary Public and without delay, unless the heir is given formal notice to choose, in which case they have thirty days to:
accept the inheritance outright,
accept the inheritance subject to inventory,
renounce the inheritance.
Renunciation is both unilateral and irrevocable, in accordance with Article 997 of the Spanish Civil Code.
The heir who renounces does so for himself and his descendants. Pursuant to Articles 922 and 981 of the Spanish Civil Code, the share of the renouncing heir simply increases the share of the co-heirs. Descendants inherit in place of the renouncing heir only if the replacement is expressly provided for in a will.
To renounce the inheritance, a death certificate, the will or affidavit of inheritance must be presented to prove the legitimate interest, together with the certificate of last will and testament and a valid identity document.
To renounce on behalf of a minor, Article 271 of the Spanish Civil Code requires prior judicial authorisation.
When a French national dies leaving real estate, heirs or economic interests in Spain, the succession necessarily involves specific procedures with the Spanish authorities.
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Where a couple is married under a community property regime, the classification of an asset as separate or community property may have significant consequences, in particular in the event of succession, separation or patrimonial disputes.
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On the occasion of a succession, immovable property and financial assets are subject to inheritance tax. Do you need an inventory of household movable assets in Spain? Contact us by message or by phone: (+34) 965 14 29 99
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