Before distributing assets or signing inheritance documents, build an overall picture of the people involved, the estate and known obligations. The first task is to identify missing information. Collecting documents should not be confused with having made an inheritance decision.
Organise the deceased’s and family’s details
Record the death date, relevant places of residence and people who may be involved. Note marriage, separation, minors, representation or assets abroad. Tell the professional about these circumstances at the outset.
List available certificates and outstanding procedures. Use legible copies and keep originals organised; do not send a complete file through an open contact form.
Check the information about a will
The last-will certificate helps establish whether a will was made and before which notary. The Justice Ministry states that an application cannot be submitted until fifteen working days have elapsed after the death. Check requirements and the appropriate application route on the official portal.
Ministerio of Justicia · Certificado of Actos of Última Voluntad
List assets and obligations
Prepare separate lists of known assets and debts or outstanding commitments. Include property, accounts, shares and evidence of ownership. Record known loans, bills or claims separately. Do not present an estimate as a confirmed valuation.
Mark provisional information, who holds the documents and what enquiries remain. A shared family folder can help organise copies, but agree who may access it first.
Understand the consequences before deciding
The Civil Code provides for express or implied acceptance and acceptance under the beneficio of inventario procedure. Unqualified acceptance can expose personal assets to estate liabilities. Formalities and deadlines apply: request a review before dealing with estate property.
BOE · Código Civil, arts. 998-1011
Review inheritance and tax questions separately
Ask which authority is competent, which declarations are needed and what calendar to monitor. The AEAT offers specific information for non-resident cases within its competence. Do not apply another family’s relief or deadline without reviewing your circumstances.
Agencia Tributaria · Sucesiones y Donaciones: no residentes
Preparing an initial review
- The death date and relevant places of residence.
- Available certificates and information about any will.
- Family members, representatives and questions about their involvement.
- A provisional inventory of assets, debts and documents.
- Received notices and dates requiring attention.
Frequently asked questions
Does the last-will certificate replace the will?
No. It helps locate the will; they are different documents. Then establish how to obtain the appropriate copy.
What if I do not know about the debts?
Explain the uncertainty and request a review of the inventory and options before deciding. A lack of claims does not establish that there are no debts.
Can I enquire while living outside Spain?
Yes. Explain where the people involved lived and where the assets are. This helps identify international issues needing review.
Prepare an inheritance enquiry ↗
Official sources consulted
- Ministerio of Justicia · Certificado of Actos of Última Voluntad
- BOE · Código Civil, arts. 998-1011
- Agencia Tributaria · Sucesiones y Donaciones: no residentes
General information to help prepare an enquiry. Applicable rules depend on the agreement, dates and circumstances. Sources checked on 31 October 2026.