How long do you have to claim an inheritance?
The time to claim an inheritance is a key factor for many people who have obtained the right to inherit but are unaware of or underestimate how. In Spain, although the law grants a wide period to do so, letting the years pass can lead to serious legal consequences, or even the loss of these succession rights.
Do not miss the opportunity to learn more about the deadlines for claiming inheritances and have the chance to exercise this right.
Deadline to claim inheritance, to accept or renounce it in Spain and Catalonia
Deadlines in inheritance matters are decisive: they determine whether an heir retains or loses their rights, and whether they can protect their assets against debts or charges of the estate. It is advisable to differentiate between the general deadline for claiming an inheritance, the possibility of forcing a decision through the interpellatio in iure, acceptance under benefit of inventory, the deadlines to claim the legitimate share, the challenge to the will, and the effects of renouncing the inheritance.
Inheritance claim action
- In Common Law, the action to claim an inheritance prescribes after 30 years from the opening of the succession (art. 1963 CC).
- In Catalonia, the action is non-prescriptive (art. 465-1 CCCat), except where usucapion applies to specific assets.
This nuance is key: in Catalonia, the right to be recognised as an heir is not lost through the passage of time.
Interpellatio in iure
The notarial requirement for the heir to respond (interpellatio in iure) produces different effects depending on the regime:
- In Common Law (art. 1005 CC), the heir has 30 calendar days to accept (pure and simple or with benefit of inventory) or renounce. Silence is understood as pure and simple acceptance.
Discover more information about this here:
- In Cataluña (art. 461-12 CCCat), the period is two months and, if the heir does not respond, it is considered that they renounce the inheritance.
Deadline to accept under benefit of inventory
Acceptance benefit of inventory protects the heir, who is only liable for the debts of the deceased up to the value of the inherited assets.
- In Common Law, if the heir has hereditary assets in their possession, they must declare it to the notary within 30 days from when they become aware of their status as heir. If they do not have them, the period runs from acceptance or from the end of the notarial request. In the absence of claims, acceptance with benefit can be made as long as the action for inheritance petition does not prescribe.
- In Catalonia, the system is more flexible: the heir can opt for the benefit even if they have already accepted purely and simply, provided they carry out an inventory within a maximum of six months from when they become aware of the declaration (art. 461-15 CCCat).
If you need to know more about inheritance with benefit of inventory, we recommend this article:
Deadline to claim the compulsory portion
The compulsory portion must be claimed within a specified period:
- Under Common Law, the action prescribes after 5 years, counted from the acceptance of the inheritance by the co-heirs or from when the compulsory heir becomes aware of the infringement of their right.
- In Catalonia, the period is 10 years from the death of the deceased (art. 451-27 CCCat).
Explore more about it here
Deadline to contest a will
When the will presents formal defects or violates compulsory rights, the action for nullity must be exercised within the general limitation period:
- 5 years under Common Law.
- 10 years in Catalonia.
Deadlines and effects of the renunciation of the inheritance
The renunciation (or repudiation) of the inheritance must always be carried out expressly in a notarial public deed and before accepting the inheritance expressly or tacitly.
- In Common Law, silence after an interpellatio implies pure and simple acceptance.
- In Catalonia, silence after the notarial request is equivalent to renunciation. Furthermore, the creditors of the renouncer can challenge the renunciation if it harms them, although only within the period of one year.
You can learn more about this topic in our notary service for inheritance renunciation.
Main effects of resignation
- Civil: the renouncing heir is treated as if they had never been called, and their share passes to the next heirs in the succession.
- Tax:
- Pure and simple renunciation: the renouncer does not pay tax; only the heirs who actually receive the assets do.
- Renunciation in favour of a specific person: it is considered a donation, with additional taxation under the Donations Tax.
- Tax strategy: in some cases, an heir renounces so that the assets pass to their descendants, who are taxed in a more favourable tax group. This option must be exercised within the inheritance tax deadlines (six months from the date of death, extendable by another six) to prevent the Tax Agency from classifying it as a prior acceptance followed by a donation.
Deadline to claim an inheritance without a will
In the case of intestate inheritances, where there is a declaration of heirs certificate determining who inherits, this deadline remains. It is possible, in this case, that the start of the process becomes complicated, as the assets must be located, documented and distributed. As a result, sometimes these procedures are frozen due to the heirs' lack of interest or disputes among family members.
As a notarial office in Barcelona, we recommend acting as soon as possible, as time can make actions to be taken more difficult, such as gathering documentation, locating assets or managing disagreements.
What happens after 30 years?
The passage of time can have very different effects depending on the applicable succession regime. In Common Law, the action to claim an inheritance expires after thirty years from the opening of the succession. Once this period has elapsed, the heir can no longer claim the entirety of the inheritance against third parties, although they could exercise, if applicable, specific actions over individual assets provided these have not been acquired by usucapion.
In Catalonia, however, the situation is different. The Catalan Civil Code establishes that the action to claim an inheritance is non-prescriptible, so the heir can claim their status as such at any time, even against co-heirs or possessors. However, this non-prescriptibility does not prevent specific assets from being lost if they have been possessed for the legally required time by a third party, as in that case acquisition by acquisitive prescription or usucapion would be consolidated.
On the other hand, when there are no heirs or called parties who accept the inheritance, the assets do not remain without an owner. The law provides that, as a last resort, they are transferred to the State. This is established by Law 33/2003, of 3 November, on the Heritage of Public Administrations, whose articles 17, 18 and 20 regulate the incorporation of vacant and abandoned assets into the state heritage.
You can learn more about unclaimed inheritances in our article on dormant inheritances.
For what reasons is an inheritance not claimed?
Although it may seem surprising, not all inheritances are claimed. There are multiple reasons that explain why heirs, even when entitled, decide not to take the step:
- Unawareness of the right to inherit. Sometimes, those entitled to the inheritance are unaware of their status as heirs. This can happen, for example, in cases of children not recognised during the lifetime of the deceased or grandchildren whose parent died before the grandparent, and who take their place in the succession without knowing it.
- Family conflicts. The inheritance, far from being a bond of union, can become a source of disputes. Disagreements between siblings, the deceased’s second marriages, or lack of agreement on the management of the assets sometimes lead to the acceptance being paralysed.
- Little economic interest. Not all inheritances have significant patrimonial value. When the assets are difficult to sell, useless, or deteriorated, the heirs may choose to leave them unclaimed, as the effort of the procedures does not compensate for the benefit.
- Lack of management. The bureaucracy and complexity of succession procedures mean that, sometimes, heirs let time pass without initiating the process, until the inheritance ends up abandoned.
- Fear of inheriting debts. This is perhaps the most common cause. Many heirs fear that the deceased’s estate is burdened with mortgages, loans, or tax debts, and opt directly to renounce the inheritance before a notary. However, there is a less drastic alternative: acceptance on benefit of inventory, which allows the heir to limit their liability to the value of the inherited assets, preventing their own estate from being compromised.
In short, the reasons why an inheritance is not claimed are varied and respond to personal, economic, or legal factors. The essential thing is that each heir knows the legal options available to them before letting pass a right that, if managed correctly, can be protected and preserved.
Frequently Asked Questions about Inheritance Claims
Indeed, as a child you have the right to inherit even if you have not started the process at the time. If 30 years have not yet passed, take legal action to claim your rightful inheritance.
In the event that their parent has passed away, the grandchild can claim the inheritance of their grandfather, taking the place that would have corresponded to their father or mother in the line of succession. This is common in cases where the grandparents died without granting a will before a Notary.
Conclusions: Until when can an inheritance be claimed?
You can learn more about how the process works, what documents you need, and how much it costs at our notary office for inheritances in Barcelona.
We hope this article, which aims to resolve the doubt about the time to claim an inheritance, has been helpful to you.
Contact us if you need to claim one through our Whatsapp or contact form. We will help and advise you with everything you need.
