8 steps to manage an inheritance after your loved one has passed away
When a loved one dies, the most important thing is to move through grief calmly and at your own pace. But some formalities arrive before you have time to process everything – and one of the most common sources of doubt is the inheritance.
At those times, thinking about paperwork, procedures or notaries is the last thing you feel like doing. Sooner or later, though, the moment comes – and it’s common to feel doubts, fears or even a sense of being blocked. It isn’t a one-day process and is sometimes more complex than it looks, but knowing where to start and which steps to follow can bring some clarity.
8 steps to manage an inheritance
1. Request the death certificate
This is the first step, since without this document, no other inheritance procedure can begin. You can request it from the Civil Registry in the place where the person died. If you’re handling this from another city or region, you can apply online or by post.
2. Apply for the certificate of last will
This document confirms whether the deceased left a will and, if so, before which notary. It is requested from the Ministry of Justice – online or in person – and you’ll need the death certificate and proof of payment of a small fee. This step is key – from here, you’ll know how to proceed.
3. Locate and request the testament, if there is one
Once you have the last-wills certificate, you’ll know whether a testament exists and the notary where it was signed. If you're a beneficiary, you can request an authorised copy from that notary. This document clearly states how the estate is to be distributed and what corresponds to you.
What if there is no testament? If the person died intestate, don’t worry, a process called intestate succession starts. In that case, you need to go to a notary to start a declaration of heirs. This determines who has the legal right to inherit – usually a spouse or partner, children, parents and, failing that, siblings.
It may take a little longer, but it is well regulated. If you feel lost, you can ask a notary for guidance.
4. Make an inventory of assets and debts
Before making major decisions, you need to know exactly what the estate includes. It’s not only property, money or bank accounts – there may also be debts, mortgages, loans, etc.
The best approach is to draw up a detailed inventory. Some notaries or consultants may help you with this. It’s the clearest way to assess whether to accept the inheritance or consider other options.
5. Decide whether to accept the inheritance
Once you know what’s included, you can choose to:
- Accept outright: you inherit both assets and debts.
- Accept with the benefit of inventory: you will only be liable for the deceased’s debts up to the value of the assets you receive. That means your personal assets remain protected and you won’t have to pay out-of-pocket if debts exceed what you inherit.
- Renounce the inheritance: you take on neither assets nor debts.
There is no universal “right” option – it depends on your situation and the estate. If in doubt, it’s advisable to speak to a specialist in inheritance law. This step is also completed before a notary.
6. Distribute the estate among beneficiaries
If there is more than one heir and the inheritance has been accepted, it’s time to divide the estate. If there is a testament, follow what it states. If not, the legal rules apply. In many cases you will need to sign a deed of partition before a notary – especially if there is real property.
It’s important to aim for amicable agreements. Processes often become more complicated due to personal differences than legal issues. If tensions rise, consider mediation.
7. File the Inheritance and Gift Tax
This tax is filed in the autonomous community where the deceased lived. As a rule, you have six months from the date of death to file, though an extension can be requested if needed.
The amount varies greatly depending on the region, estate value and degree of kinship. That’s why it’s important to get proper advice. Filing it correctly is necessary for later changes of ownership.
8. Change the ownership of inherited assets
Once the above is complete, you can transfer assets into your name. For a house, you’ll need to register it at the Land Registry. For bank accounts, go to the bank with the documentation to update holders. You may also encounter vehicles, insurance policies, pension plans, etc. Each has its own procedure, but all require proof that you're the heir.
Tips to make the process easier
- Collect and keep documents organised: copies of certificates, receipts, deeds, etc. They’ll be useful at different stages.
- Ask for help if you need it: if it all feels overwhelming, professionals can guide you through each step.
- Take your time: within legal deadlines, you don’t have to do everything at once. You’re going through a delicate moment, and looking after yourself is part of the process.
Managing an inheritance after losing someone important isn’t only a legal matter – it’s an emotional one. Every signature, every document, can stir memories or raise doubts. But, step by step – and knowing where to begin – you can handle it with greater clarity. And remember, you don’t have to do it all alone.
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Published in Corporate Social Responsibility