The Spanish law on voluntary jurisdiction 15/2015 of 2nd July 2015 has changed the inheritance option regime. Interpellation, so far an exclusive competence of the court, is now granted to the notary, as established in articles 1.004 and 1.005 of the Spanish Civil Code.
In Spanish law, nine days after the opening of the inheritance, the heir can be requested to accept or refuse the inheritance. The request may be submitted before a Notary by any person proving to have a legitimate interest in the inheritance.
The Spanish law must be the law applicable to the inheritance, as deduced from European Regulation 650/2012 on international succession of 4th July 2012.
The Notary, required by any person proving an interest, will give the heir a period of 30 days to accept the inheritance purely and simply, or under benefit of inventory, or to refuse the inheritance.
In the absence of an answer within this period, the inheritance is considered to be purely and simply accepted.
In Spanish law, both refusal and acceptance are irrevocable.
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