Collblanc Abogados 930 485 549
Service · Barcelona

Accepting and adjudicating an estate

Accepting an estate is not a signature: it is a financial decision you cannot undo. We tell you what is there, what is owed and which of the three routes suits you before you sign anything.

Accept, accept under benefit of inventory, or renounce

There are exactly three routes, and choosing the first one badly is the most expensive mistake in succession law.

Outright acceptance makes the heir the continuation of the deceased’s estate: they receive the assets, but also become liable for the debts with their own personal assets, without limit. Acceptance under benefit of inventory caps that liability at the value of what is inherited. Renunciation removes the heir from the succession entirely.

The decision should not be taken on instinct or under family pressure. It is taken after seeing the full inventory, and that is exactly the order in which we work.

When benefit of inventory is the right call

Whenever there is the slightest doubt about the deceased’s financial position. And there are more such cases than people assume: guarantees signed years ago, tax or social security debts, personal loans, outstanding building levies.

Benefit of inventory has formal requirements and strict deadlines. Miss them, or carry out certain acts over the assets, and the law treats the acceptance as outright — the protection disappears.

From acceptance to the deed

Once the route is decided, the estate is formalised in a public deed before a notary: heirs are identified, the estate is described and valued, and each share is adjudicated.

We handle the whole run: death certificate, Last Wills registry certificate, authorised copy of the will, bank balance certificates, land registry searches, property valuations and coordination with the notary.

Then comes what many forget: registration at the Land Registry, transfer of title and the actual release of bank accounts.

Tell us about your case

First assessment at no cost. We tell you whether you have a case, what deadlines apply and what it would cost.

About this

About this service.

How long do I have to accept a Spanish inheritance?+

There is no short deadline to accept: the right lapses after thirty years. However, inheritance tax is due within six months of death, and that one is short. In practice the tax deadline sets the pace.

Can I accept the assets and refuse the debts?+

Not directly, but acceptance under benefit of inventory achieves it: you are liable for debts only up to the value of what you inherit, never with your own assets. It must be applied for within the required formalities and deadlines.