Acceptance of Inheritance: All its types and ways of refusal
Table of Contents (5)
- Types of inheritance acceptance
- What is Pure Acceptance?
- What is Acceptance for the benefit of inventory?
- What happens if I accept or if I do not accept the inheritance?
- When is a deed of acceptance and allocation of inheritance necessary?
The acceptance of the inheritance is the declaration by which an heir accepts what another person has left them after their death, fulfilling their wishes. Would you like to know more about the subject?
Types of inheritance acceptance
This can be simple, pure or for the benefit of inventory. There are many people who do not know that inheritances can be accepted or not because it is a voluntary act, and what this implies. That is why we are going to clarify all this information to know how to proceed in each case.
What is Pure Acceptance?
Pure acceptance is that acceptance of inheritance with unlimited effects, which means that one is accepting both the assets and the debts and liabilities. One will be liable not only with the assets received, but also with their own if necessary. This acceptance can be express or implied.
What is Acceptance for the benefit of inventory?
The acceptance of inheritance with benefit of inventory is one with a limited effect, in which one is liable for the debts only up to the extent of the inherited estate. Thus, one will not be liable with their own assets. If you do not know the debts that may exist, this may be the best option, although you should also be aware that it has higher costs due to the need to carry out an appraisal of rights, assets, and obligations.
In Catalonia, if it is specifically stated in the deed of acceptance and allocation of inheritance that the inheritance is received with benefit of inventory, liability for the debts of the inheritance will be limited to the inherited assets only. This is an important special provision and it is highly recommended to include this clause in the notarial inheritance deed.
What happens if I accept or if I do not accept the inheritance?
You may not accept the inheritance without doing anything, but to distribute the assets it is necessary to accept or renounce it. If you do not do so, the assets cannot be distributed. After 9 days without any action, any interested party may require that the inheritance be accepted or repudiated. For this, you may go to a notary to notify you within a period of 30 calendar days. If you do not repudiate or accept the inheritance within this period, it will be understood as purely accepted. If you continue not to accept it and renounce it, you will neither acquire assets nor debts.
By accepting the inheritance, you will receive the assets and also the existing debts, with the relevant limitations if any. You will have to declare the assets and pay what corresponds for the various concepts. Acceptance is understood to have taken place at the moment of the deceased's death.
When is a deed of acceptance and allocation of inheritance necessary?
The deed of acceptance and partition of inheritance or adjudication by succession title consists of a deed in which the inheritance is accepted describing the assets and rights so that they go to their heirs. It is not mandatory to make it, but it is highly recommended, and it is essential to register the inherited properties in the Property Registry.
If there are many heirs or various properties in the estate, it is advisable to do it with this document before a Notary to avoid possible subsequent legal proceedings. In more complicated inheritances, although it involves an additional cost, it is practically the only option.
Accepting or rejecting an inheritance is optional, and the best decision depends on the case. To carry out this procedure with complete security, it is best to consult specialists such as the Notaries of our notary office in Barcelona and seek advice.
If you are looking for more information about inheritances in Barcelona, we have different ways to contact us, so do not hesitate to send us an email at bcn@jlanotarios.com, call us at 93 159 17 62 or fill in the contact form on our website.
If the topic of this article has been of interest to you, we invite you to consult the various Services in Wills and Inheritances that we offer and to read the following article on our blog:
