The affidavit of heirs makes it possible to formally establish the status of heir. In Spain, this formality exists, but its use and conditions differ from those applied in France.
In a succession involving Spain, it is essential to determine whether this document is required and, if so, where and how it must be drawn up.
The affidavit of heirs is used in particular:
In practice, the document is drawn up:
The document is not immediately effective. Its enforceability and its practical effects may be subject to procedural time limits, which can influence the overall timetable of the succession.
Where the deceased left a registered and usable will, the approach is different. In a number of situations, the affidavit of heirs is not required, or a document drawn up in the State of the deceased's habitual residence may be sufficient, depending on the case and the available documents.
For a complete and coherent analysis of your situation, you may consult the following pages:
The tax residence certificate is the official document used to certify that a person is regarded as tax resident in Spain for a given period.
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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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