Specialized Lawyers in inheritance and succession Marbella

Losing a loved one is a very difficult time for their parents, and it is even more complex to this difficult situation due to all the legal steps that must be taken to be able to deal with the economic heritage transfer from one person to another due to their death, i.e. the inheritance process. We will then talk about the keys of succession and inheritance.

The management of an inheritance is a complex process that requires solve various issues that arise after death. Mainly, it is necessary to know the keys of succession and inheritance, where there are some priority and basic documents to initiate the processing of an inheritance, these are:

  • The death certificate
  • The certificate of last will and testament
  • The certificate of insurance with death cover

The death certificate: this document is easy to obtain and mut be requested at the Civil Registry office in the municipality where the death occurred.

The certificate of last will and testament: must be requested on the Ministry of Justice, and certifies whether a person has granted a last will and testament(s) before notary(ies), so; that persons to whom any inheritance rights may correspond can go to the notary who authorized the last will and testament to obtain an authorized copy of the document.

In cases where the deceased does not leave a last will and testament, must start an intestate succession, and the law will designate the heirs. All those who consider they have the right to inherit can start the process, requesting the "declaration of intestate heirs". The procedure depends on the degree of kinship with the deceased, and can be processed by notary or judicially, depending on the case. Therefore, the notary or the courts of the place where the deceased had the last domicile or habitual residence are competent.

Certificate of insurance with death cover: Insurance death cover refers specifically to insurance taken out that pays out an indemnity in the event of the death of the insured. It is important not to confuse this type of insurance with "life insurance", as the latter contains different insurance coverages, such as: a mortgage, a loan, disability grounds, and others.

Inheritance Tax

Once the acceptance of the inheritance has been formalized, the Inheritance Tax (IS) must be settled, and in cases where the inheritance includes real estate properties, also must be carried out the settlement the Urban Land value increase tax (IIVTNU), known as plusvalia.

Inheritance Tax: Is a compulsory tax which is ceded by the State to the Autonomous Communities, the forms must be provided for each of them and it can be filed in person or electronically. The deadline to filing tis tax is 6 months since the date of death, although there is an additional extension of another six months which must be requested by the heirs, and during which additional period interest is accrued.

Urban Land value increase tax: the target is tax the increase in value of urban land once it has been transferred, that is; during the time it is owned. Therefore, it is a tax that must be paid both when the property is sold and when it is inherited or donated. This tax is levied on the transfer of the land on which a property is built, so; the building is not taken into account for its liquidation.

Testate or intestate succession requires quite a few legal formalities, so; it is imperative to have good legal advice on inheritance to solve all the doubts of the process. Mercury Abogados is an expert law firm in family law in Marbella Costa del Sol and Europe.

info@mercuryabogados.com

Telephone: +34 951 052 811

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