In this section you can consult the Notary services related to successions, inheritances and heirs that can be done in our Notary of Barcelona and a brief explanation of them. The notary plays a crucial role in inheritance and succession processes, ensuring legality and transparency in the transfer of assets and rights from the deceased to his heirs.
Inheritances: It is the transmission by mortis-causa of a person to his heir of his property and rights, which can be universal (testament proper), or private title (legacy).
renounce the inheritance: the heir or beneficiary of an inheritance expresses the will not to accept the inheritance.
Succession agreements: intervening two or more people with a degree of kinship imposed by law, with the intention of avoiding the figure of the testament or intestate, they discuss how to distribute the assets. In the contract the appointment of heirs is agreed or particular powers can be granted in favor of the people they want.
Living will: Public deed that a person makes before a notary about their wishes about what to do and how to treat their body in the circumstances in which the person dies (for example, if they want to give their organs to investigations, where they want to be buried), or in the that the person suffers from a very serious illness that affects their reasoning ability, for example, deciding what treatments to provide or where they want to stay.
Will: The notary establishes a legal act that is individual, free and revocable, in which the person who expresses his will makes sure to legally regulate the succession of his assets by naming the heirs.
Declaration of intestate heirs: It is said that a will is opened ab intestato, when a person dies without having previously made a will. The order of heirs will be called according to the provisions of the Law.
Documents that you must provide to carry out an inheritance
- Death certificate
- Certificate of last wills
- Authentic copy of the will
- Deeds and their corresponding IBI receipts (Original)
- Bank certificates with the balances on the date of death, of securities, shares, checking accounts...
- In the case of vehicles, circulation permit and valuation according to the Generalitat.
- Burial and funeral expenses.
- Expenses from the last illness or other debts left by the deceased (loans, etc...)
- Last declaration of Income and Assets if it is positive.
If the deceased had not made a will, they will also have to provide:
- Family book of the deceased
- DNI of the deceased or, failing that, registration certificate.
- Personal data of two witnesses, of legal age, who had known the deceased (without being relatives), name, surname, marital status, address and ID number).
The importance of the notary in inheritances and successions
As we said at the beginning, the notary plays a crucial role in inheritance and succession processes, ensuring legality and transparency in the transfer of assets and rights from the deceased to his heirs. This figure is essential to ensure that all procedures are carried out in accordance with the law and respecting the last will of the deceased.
First, the notary authenticates the validity of the will, if it exists because the deceased has made will, certifying that it faithfully reflects the will of the deceased and that it has been prepared in compliance with all legal requirements. In the absence of a will, the notary intervenes in the declaration of heirs, determining who the legitimate successors are according to the law.
Additionally, the notary is responsible for the valuation and inventory of the deceased's assets, an essential step for a fair distribution among the heirs. This process includes the identification and appraisal of property, bank accounts, debts, and other assets and liabilities, which prevents future disputes and facilitates an equitable settlement.
The intervention of the notary also ensures clarity and accuracy in the drafting of inheritance documents, avoiding ambiguities or erroneous interpretations that could give rise to disputes between the heirs. This includes the preparation of the deed of acceptance and allocation of inheritance, which finalizes the succession process and allows the effective transfer of the assets to the new owners.
Finally, the notary provides impartial advice to all parties involved, guiding them through the complex legal and tax procedures of inheritances. This not only facilitates the process, but also helps prevent possible conflicts between heirs, ensuring that the succession is carried out harmoniously and in accordance with the law.