Many times, not even the closest family members know if the deceased has left their last will in writing before a Notary Public. In order to if there are any wills (there can be one or several), you must request the Last Will Certificate at the public services offices, at the local Ministry of Justice.
15 days must have passed after the death. This document (which is essential in order to carry out any inheritance transaction), states if there is a will and in which Notary it is located, but not the content. You will need to consult with the specialized solicitor.
In the case that there wasn´t a will, the Law establishes who are the heirs of the deceased.
Yes The inheritance is divided in three parts : the legitimate (the part of the inheritance that the testator does not have the right to decide over, because the Law reserves it for the forceful inheritors), the third part for benefit, and the part of free disposal.
The third part for benefit can be used to leave to a child, grandchild or great grandchild (only for descendants) a third part of the inheritance. As the free disposal part, this can be used without restrictions, you can also benefit the same child with this part.
Many times, you will hear that a widow or widower keeps the right to usufruct of a property, or any other asset. Many times, you will hear that a widow or widower keeps the right to usufruct of a property, or any other asset.
Even though they can not sell the asset, or take out a mortgage on it, they can keep any profit the property generates, such as rental, the sale of the products of livestock, etc.
Indeed. There are two ways of accepting an inheritance: pure and simple, and to the benefit of inventory. This last option allows you to pay the debts of the deceased and that the inheritors receive the rest. On the contrary, when accepting the inheritance simply, if there are debts, these will be settled by the inheritor with their own estate.
Yes. Every person that has free disposal of their assets can renounce to an inheritance. This has to be done necessarily and explicitly in a public Title Deed or before a judge. But this will be done completely, that is, you can not reject one part and keep another, and you cannot retract yourself after.
If an accident occurs on the road, and is of sufficient damage and with considerable injuries, it will be the Traffic Guardia Civil who will tend to the accident and carry out the corresponding REPORT, and will also be in charge of the security and calling the medical services.