Deadline to Make the Declaration of Heirs
The declaration of heirs is an act that is frequently carried out in our notary office in Barcelona, as at JLA Notarios we are experts in processing declarations of heirs and inheritances in Barcelona. Due to its importance, on our blog, we have previously talked to you both about it and about the documents for the declaration of heirs. However, today we want to inform you about the deadline for making the declaration of heirs at a notary office.
You can consult the previously provided information about the declaration of heirs in this article:
Steps and deadlines for the declaration of heirs
Below we summarise step by step the heir declaration procedure, including the reasons for processing it, the steps, and the important deadlines to keep in mind.
When is a declaration of heirs processed?
A declaration of heirs is processed when the deceased did not manage any will during their lifetime and it must be determined who inherits their assets. However, this is not the only situation in which it is necessary, since, additionally, in the event that a will is declared null or has lost validity, it must also be processed.
Likewise, it must be carried out if a will does not contain the appointment of an heir for all or part of their assets, if this heir died before the testator, if the heir is incapable of succeeding, or in cases where the inheritance is renounced.
Therefore, the declaration of heirs is a very common document and at JLA Notarios we are experts in its processing. It is necessary that the signing of the declaration of heirs is done in person at our notary office on Avenida Diagonal in Barcelona. One of the interested parties and two witnesses must sign in person at the Notary.
Initial procedures for the declaration of heirs
Thus, the first of our steps will be to go to a Notary. It is important to know that not all Notaries are competent to carry it out, as they must be located in the area where the deceased's last domicile or habitual residence is, the place where they died, where their estate is located, or neighbouring districts. Remember that, as Notaries in Barcelona, we can process the declaration of heirs abintestato within the appropriate timeframes.
The affidavit of notoriety
At the notary's office, advice will be given on the documents necessary to process the declaration of heirs. Subsequently, the notoriety deed of declaration of heirs will be drawn up and the specific documents will be delivered. A hearing will be held with the interested parties to verify identities. It will be necessary for one interested party in the inheritance and two witnesses who declare that they know who the deceased's family is to attend the notary's office in person to sign the declaration of heirs.
The importance of the deadline for making the declaration of heirs
The importance of the deadline in the declaration of heirs is that the procedure is not immediate, as it can be requested by any person with a legitimate interest in the inheritance. Whoever puts themselves forward as an heir must appear in person at the notary's office, which involves certain timings stipulated by the Notary Law of 28 May 1862. Furthermore, the Notary's work includes arranging hearings for other interested parties, as well as contacting them, finding out their identity or address. Thus, if necessary because information about them has not been gathered, the deed will be advertised in the “Official State Gazette” or on notice boards of the corresponding Town Halls. In the deadline for making the declaration of heirs, we must also take into account the objections of the interested parties whose allegations and documents must be submitted within one month from the publication of the announcement.
How many days does it take to appoint the heirs?
After these proceedings and once the period of 20 working days has elapsed (from the initial request or the end of the one-month period to make allegations), the record is closed naming the heirs and stating the inheritance that by law corresponds to them. At this point, the notary drafts a second document required by law, which is the closing record of the declaration of heirs. This second document is prepared by the notary and signed by the Notary, but it is not necessary for the persons who signed the start of the declaration of heirs to sign it.
Once the 20 working days have passed and the notarial document closing the declaration of heirs has been formalised, it will be possible to distribute the assets of the inheritance among the heirs. However, after making the declaration of heirs, to acquire ownership of the deceased’s assets, it will be necessary to prepare and sign the inheritance deed by the heirs at the notary’s office.
And what if the interested parties do not appear?
Within the deadline for making the declaration of heirs, it should also be taken into account that, if after two months from the summons the declared interested parties do not appear, they are declared without rights. Likewise, if in the opinion of the Notary there are no persons entitled to be called, a copy of the record is sent to the Delegation of Economy and Finance or to the Generalitat de Catalunya. This is because, in the absence of legal heirs who are relatives, the law declares the State or some Foral Communities such as the Generalitat de Catalunya as heirs.
After the declaration of heirs, what needs to be done?
After having processed the declaration, it is important to know that there is a period of 6 months to make the payment of the Inheritance Tax and the Capital Gains Tax (if a property is inherited).
Furthermore, it will be necessary to formalise the inheritance deed at a notary to acquire ownership of the deceased's assets. And in the case that there are properties in the inheritance, it will be necessary to register the acquisition of ownership in the Land Registry. At JLA Notarios – Notary specialising in inheritances, we can take care of advising and handling all the inheritance procedures that need to be carried out.
JLA Notaries, professionalism in heir declaration
JLA Notarios can process your declaration of heirs without a will with rigor and professionalism. Write to us at the email bcn@jlanotarios.com or fill in the contact form on our website. It will only be necessary for you to come and sign the declaration of heirs at the offices on Avenida de Diagonal in Barcelona of JLA Notarios – Notary specialising in Inheritances. We hope this article about the deadline for making the declaration of heirs has been useful to you. And if you are interested in learning more about the declaration of heirs, we recommend this article:
