Inheritance in Costa Blanca

First of all you must obtain a death certificate, which will be available in the Civil Registry in the place where the death occurred.

Please take into account that if the death occurred in a hospital, it will be registered in the Civil Registry of the city where the hospital is located.

You can ask for for a free certificate from the website of the Spanish Ministry of Justice . It will be delivered free by post to the address provided. It is advisable to request more than one copy.

On the online form, there are some questions asked that you almost certainly won’t be able to answer, such as the volume or page where the death is inscribed. Just fill the space with a “0” if you don’t have the answer and continue.

Once the Death Certificate has been obtained, you should also ask for a Certificate from the “Registro General de Actos de Ultima Voluntad” (Last Will Registry).

The Last Will Registry, will not have the deceased’s last will, but it will have the name of the notary who has custody of it. The certificate is necessary even when the name of the notary with whom the last will was made is known because the date on it also serves to confirm that it really is the last will.

With both certificates, Death and Last Will Registry, an interested party (inheritor, legatee or others) can obtain a copy from the notary where the Last Will had been made or is currently held.

If the notary office is no longer open ( because the notary has moved to another city, or retired, etc), the “Colegio Notarial” will advise you which notary now has custody of the documents (Protocolo) of the original notary who authorized the Last Will.

For international inheritance within the EU, the Certificado Sucesorio Europeo should be considered.

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Faqs

1) Are the heirs responsible for the payment of the deceased’s debts?

 Yes, unless the inheritance is accepted for the benefit of the inventory, in which case the debts are paid and the remainder, if any, will be inherited.

2) Can the heirs divide the inheritance in a different way than the one established by the testator in the will?

Yes, as long as all the heirs are of legal age, agree to do so and are legally capable.

3) Can I sign several wills? How can I revoke a will if my circumstances change?

Yes, you can sign and revoke as many Wills as you wish. When you sign a new will, the ones you signed before are automatically revoked. Wills signed before a Spanish notary will be registered in the Registry of Last Wills in Madrid. When you die, the only valid one will be the one that appears in the register as last signed.

4) Do I need to indicate all my Spanish assets in my will?

It is not necessary. When the testator is a foreign individual not resident in Spain, it is customary to refer to the properties and rights he may have here in general, without specifying any. Therefore, if the assets change, it will not be necessary to make another will.

5) I have minor children. Can I name a guardian in my Spanish will? If so, can they dispose of the property until my children are of age?

Yes, you can name a guardian in your Spanish Will, but you will have to accept the position later. The guardian will need court authorisation to carry out acts of disposition of the child’s assets.

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We offer our services about Inheritance in:

• Inheritance in Oliva
• Inheritance in Dénia
• Inheritance in Altea
• Inheritance in Xaló
• Inheritance in Gandía
• Inheritance in Valencia
• Inheritance in Alicante
• Inheritance in Murcia
• Inheritance in Elche
• Inheritance in Albir
• Inheritance in Benirdorm
• Inheritance in Jávea
• Inheritance in Calpe
• Inheritance in Moraira
• Inheritance in Torrevieja