Table of Contents (7)
- Declaration of Heirs Intestate in Barcelona
- Notary for Heirs Declaration Act in Barcelona and neighbouring municipalities
- The role of the Notary in the declaration of heirs abintestato deed
- Content of the affidavit of declaration of heirs abintestate
- Request the certificate of notoriety of declaration of heirs in Barcelona
- What is the cost of a declaration of heirs before Notaries?
- Process the declaration of heirs abintestate deed with JLA Notarios
Declaration of Heirs Intestate in Barcelona
The declaration of heirs ab intestate is a fairly common document in notary offices, occurring at the moment when the heirs must claim the right to the inheritance of a deceased person. Its procedure differs from that of processing an inheritance with a will and we want to explain it below.
Notary for Heirs Declaration Act in Barcelona and neighbouring municipalities
The declaration of heirs ab intestate must be made when a person dies without having made a will, although it can also occur if, having formalised one, it does not cover the entirety of the inheritance. Likewise, it must also be processed if there was a will but it is declared null, which can happen in the following cases: if the heir was not in full possession of their mental faculties when making the will, the will was made under violence, fraud or deceit, or if the formalities established by law were not observed when making it.
There is another common circumstance in which this document is needed: when someone dies who, having a will, left as heir a person who had also died previously.
The people who have the right to a legal succession are:
- The spouse.
- People related by blood or adoption.
- In the absence of a spouse or partner and all relatives entitled to inherit, the State or some Autonomous Communities would inherit.
The role of the Notary in the declaration of heirs abintestato deed
The role of the Notary is fundamental in the «declaration of heirs», as they are the competent public official who must determine who are the persons entitled to the succession, as well as draft and formalise the notarial deed where the percentages inherited by the heirs are specified. Their role is completely impartial and they advise all parties involved equally.
The process is carried out at the notary’s office, where the documentation for the request of the deed must be submitted and where the intestate declaration must be signed. The Notary may also request additional evidence if necessary.
Furthermore, as the effectiveness of the declaration of heirs is not immediate, if someone believes they have the right to inherit, they must also appear in person at the notary’s office to prove it.
However, after a period of 20 working days without any claim, the final notarial judgment will be issued and the inheritance can be granted, with the acceptance of the same being carried out.
To formalise a declaration of intestate heirs, you must go to a Notary located in the town of the deceased’s habitual residence, the place where they died, where most of their estate is located, or a Notary corresponding to the domicile of the person requesting the declaration. You may also go to a Notary in a district adjacent to any of the above.
Thus, by virtue of article 55 of the Notary Law and thanks to our extended territorial competence, JLA Notarios can process declarations of heirs in:
- Barcelona
- L'Hospitalet de Llobregat
- El Prat de Llobregat
- Esplugues de Llobregat
- Sant Just Desvern
- Sant Feliu de Llobregat
- Molins de Rei
- Sant Cugat del Vallès
- Cerdanyola del Vallès
- Montcada i Reixac
- Santa Coloma de Gramenet
- Sant Adrià del Besòs
If the deceased was linked to any of these municipalities, you can start the procedure directly with JLA Notarios, notary for inheritances in Barcelona. More than 1,300 clients endorse us on Google with a rating of 4.9 out of 5, highlighting personalised support, speed in processing, and transparency in fees.
Content of the affidavit of declaration of heirs abintestate
The declaration deed is the legal document in the declaration of heirs that establishes and records the legal heirs of a deceased person. The content of the deed includes:
- The identification of the deceased: full name, date of birth and date of death of the deceased
- The identification of the heirs: full names and identification details of all those declared legal heirs
- Relationship with the deceased of each of the heirs, establishing kinship, marriage or other forms of relationship
- Witnesses: the names and identification details of the witnesses who witnessed the declaration of heirs and who attest to the identity of the heirs and their relationship with the deceased. This is because two witnesses must always attend the signing of a declaration of heirs
- Jurisdiction: the geographical location where the intestate declaration is made and the reason why the Notary before whom the deed is processed is competent to grant it
- Declarations and affirmations: sworn statements of the witnesses and heirs are recorded
- Signature and notarial seal: the signatures of witnesses, heirs and the Public Notary who supervises the declaration are attached, as well as the official seal of the Notary
- Date on which the intestate declaration deed is completed
Request the certificate of notoriety of declaration of heirs in Barcelona
For those interested in initiating the declaration of heirs abintestato, they must contact a Notarial Office and request an appointment. If these are declarations of heirs for which we are competent and you can come to Barcelona to sign, we can prepare everything necessary for the signing via email or Whatsapp, or by phone or in person, if you so decide. On the agreed day for the signing at the Notary, you must appear and provide the necessary original documentation.
More questions related to the declaration of intestate heirs
We explain in more detail specific issues related to the declaration of heirs abintestato in Catalonia.
Once the record has been initiated and all the essential documentation provided, 20 working days must be waited after the signing of the abintestate record. During this period, the truthfulness of the declaration, the existence of other interested parties, or the processing of any prior declaration of heirs will be verified. After these days, the final Notarial Judgment will be issued and the inheritance granted. At that moment, a second document will be prepared at the Notary's office called the closing record of the abintestate declaration of heirs, which will be signed only by the Notary. This closing record of abintestate certifies that everything is correct and the inheritance deed can be signed.
If there is evidence in the documents presented by an interested party of a possible heir and their identity or address is unknown, the Notary will intervene to obtain all the information through the different bodies and registers. In the event that the search is unsuccessful, the Notary must publicise the record by means of an announcement in the Official State Gazette or other media. They will also proceed to display the announcement of the record on the notice boards of the Town Hall (whether of the deceased's last address, place of death, or the place where most of their assets are located).
If the information is obtained, they will be summoned to testify. If they do not attend the appointment or declare without right after two months, a copy of the record will be sent to the Delegation of Economy and Finance.
The declaration of intestacy record will state the reservation of the right to inheritance before the Courts both for those who have not been located, and for those who have appeared and have been declared without the right to inherit.
There is no deadline for the declaration of heirs, however, the tax obligation determines that it must be carried out within 6 months after the death. The reason is the existence of penalties related to the non-payment of taxes such as the Inheritance and Donations Tax (ISD), which must be paid before this deadline expires.
Which persons and in what order of succession should process a declaration of heirs ab intestate? Briefly and according to the Civil Code, in its article 930 and following, it is established that firstly the descendants (children or grandchildren) will inherit, secondly the ascendants (parents or grandparents). Thirdly, if the previous do not exist, the spouse, and lastly, the collateral relatives up to the fourth degree of consanguinity (siblings, nephews). Finally, if there are no heirs, the State would be the recipient of the inheritance.
The Catalan case presents a series of particularities. Thus:
- Firstly, the children of the deceased and their descendants will inherit, but if they inherit alongside the surviving spouse or stable partner of the deceased, the latter is entitled to the universal usufruct of the inheritance. Additionally, they may exercise the right of commutation, allocate themselves a quarter share of the inheritance, and the usufruct of the shared home.
- Secondly, if the deceased has no descendants, the inheritance passes to the surviving spouse or stable partner. However, in this case, the parents of the deceased will be entitled to the right to a compulsory portion.
- If there are no descendants or spouses, the entire inheritance is allocated equally to the parents, and if only one parent is alive, the inheritance is granted to them. If none exist, it passes to the closest ascendants (maternal and paternal grandparents).
- Finally, the inheritance will pass to collateral relatives in the following order: siblings and children of siblings.
- If no heirs exist, the Generalitat de Catalunya will inherit.
In order to formalise the notarial deed of declaration of heirs abintestato, two adult witnesses who are related and familiar with the deceased's family must also be present. These witnesses can also be relatives, provided they have no direct interest in the declaration, that is, they must not be beneficiaries of the appointment of heirs.
In an intestate declaration, it is common to confirm the identity of the witnesses and their relationship with the heirs. For this reason, the most common questions are related to the names of the witnesses and their relationship with the deceased, the place and date of death, and knowledge about the spouse or children or other relatives. They should also state that the family circumstances of the deceased person giving rise to the intestate declaration are correctly recorded in the notarial document.
What is the cost of a declaration of heirs before Notaries?
The price of notarial acts is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, which regulates the Notaries' Fee Schedule). All Notaries must adhere to the rules governing the notarial fee schedule and charge the same amount for the same procedure.
However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary. The number of copies requested of a document, the pages it contains, as well as possible changes or additions, or the need for extra actions in special cases, can slightly alter the final price.
If you wish to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com or by calling us at 93 159 17 62.
As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation of a DECLARATION OF HEIRS typically ranges between €180 and €350, including VAT.
This indicative price is approximate, as it depends on the documentation that must be incorporated into the document, which can vary considerably in length depending on the number of heirs, which involves including more documents with more pages.
Process the declaration of heirs abintestate deed with JLA Notarios
Processing the declaration of heirs certificate is one of the most frequent procedures carried out in our notary office. Thanks to the professional approach and experience of our team, our notary office in Barcelona has become a reference notary office for inheritances, wills and Succession Law in general.
At JLA Notarios we offer the most appropriate legal solutions in relation to the area affecting the person and their assets, always seeking maximum satisfaction in the service. Our close and cordial treatment and our dynamic and empathetic work aim to achieve maximum efficiency and profitability for our clients. For this reason, we have also transformed into an online notary office. However, it is still not possible to sign declarations of heirs and inheritances entirely digitally.
Contact us if you need a Notary for inheritances in Barcelona. We will be delighted to assist you at JLA Notarios from our Notary Office on Avenida Diagonal in Barcelona!
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Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
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Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
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Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
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At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
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A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
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It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
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How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
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Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
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One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
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Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
