What to check before accepting an inheritance in Spain

Identify missing documents

Gather the death certificate, last-wills certificate and will or declaration of heirs, as applicable. Add records of assets, accounts, loans and other known obligations. Missing certificates do not prevent an initial consultation: identify what is available and what remains outstanding.

Review debts as well as assets

Prepare a provisional inventory and flag uncertainty. Do not assess an estate solely by a bank balance or an apparent property value. Ask what checks can be made and which actions should be avoided while the position is reviewed.

Understand the form of acceptance

Under the common Spanish Civil Code, acceptance may be express or implied by conduct; unconditional acceptance may expose the heir’s own assets. Acceptance with benefit of inventory has requirements and deadlines that must be checked. Asking for information or making a private list does not automatically provide that protection.

Applicable law and upcoming dates

Explain any residence abroad, assets in different regions or connection with regional civil law. Bring any notarial notice and its service date. Distinguish civil steps from tax obligations: an unresolved issue does not mean other deadlines stop. Request a plan before signing documents or disposing of assets.

Related legal concept

Acceptance of an inheritance

Official sources

• Código Civil, arts. 999, 1003, 1005, 1010 y 1023 · BOE (opens a new tab)

Official Spanish legislation consulted on 3 November 2026. The English text explains Spanish law; it is not an official translation.