Where do I start after the death of a family member?
The death of a loved one is an emotionally difficult time.
Added to this is the need to carry out a series of legal and administrative procedures that many families are unaware of.
This guide explains, clearly and in an orderly manner, what you need to do step by step to manage the inheritance correctly and avoid future problems.
Step 1: Obtain the death certificate
This is the document that officially certifies the death.
It is requested from:
- the Civil Registry of the place where the death occurred,
- or online if available.
This certificate is essential to start any inheritance proceedings.
Step 2: Request the certificate of last will
This is one of the most important documents: it indicates if the person left a will and, if so, before which notary.
It can be requested 15 working days after the death.
If there is a will, the process will be simpler.
If there is no will, a declaration of heirs must be initiated before a notary.
Step 3: Obtain an authorized copy of the will (if there is one)
With the certificate of last will you will know:
- if a will exists,
- the date it was granted,
- and the notary where it is located.
You can go to that notary and request an authorized copy, necessary to continue with the procedures.
If there is no will, proceed directly to Step 4.
Step 4: Declaration of heirs (if there is no will)
When there is no will, you must go to a notary to officially determine who the legal heirs are.
For this you will need:
- family record book,
- birth certificates,
- death certificate,
- two witnesses to attest to the family relationship.
This procedure avoids disputes and establishes a clear legal framework for the distribution.
Step 5: Inventory of assets, rights and debts
Before accepting the inheritance, it is essential to know what assets there are and what debts exist:
- real estate,
- bank accounts,
- vehicles,
- insurance policies,
- loans or outstanding debts.
This inventory allows you to assess whether it is advisable to:
- accept the inheritance,
- accept it under benefit of inventory,
- or renounce it if there are more debts than assets.
Step 6: Acceptance and distribution of the inheritance
Once the assets and heirs have been identified, the acceptance and distribution is signed before a notary.
Here, it is decided how the assets are distributed and everything is documented in a public deed.
Step 7: Payment of the Inheritance Tax
It must be submitted within a maximum period of 6 months from the death, although an extension of another 6 months can be requested.
In Catalonia, there are significant tax breaks for spouses and children, so it is advisable to carefully analyze each case and not overpay.
Step 8: Registration in the Property Registry
If the inheritance includes real estate, the deed must be registered so that the heirs appear as the new owners.
This provides legal certainty and allows the property to be sold, donated or mortgaged in the future.
Practical example
A father passes away leaving:
- a primary residence,
- a bank account,
- an outstanding loan.
The children must:
- obtain certificates (death and last will),
- check if there is a will,
- make an inventory,
- accept the inheritance,
- pay the Inheritance Tax,
- register the assets.
If the loan is large, they could accept the inheritance under benefit of inventory to avoid being liable with their own assets.
Frequently Asked Questions (FAQ)
Can I start the procedures without a will?
Yes, but you will need the declaration of heirs.
Can I renounce only part of the inheritance?
No. Renunciation is total.
Do I have to pay the Inheritance Tax even if it hasn’t been distributed yet?
Yes, the deadline runs from the date of death.
What happens if I don’t complete the procedures on time?
You may face tax surcharges or problems disposing of the assets.
Professional CTA
Procedures after the death of a family member can be complex, especially if there are multiple heirs, debts or delicate family situations.
As a lawyer specialized in inheritances in Barcelona, I can help you to:
- manage all the documents,
- resolve doubts between heirs,
- optimize the tax impact,
- and complete all the procedures safely.
Write to me and I will guide you step by step.