Inheritance lawyer

When a family member passes away, the last thing you want to deal with is paperwork, notaries, taxes, banks, or disputes between heirs. But precisely for that reason, there is one thing that should be done correctly from the very beginning: not to accept or renounce blindly.

Because an inheritance is not just about “receiving assets”. It can also involve debts, liabilities, family disputes, reserved shares (legítima), issues with property, blocked bank accounts, and tax deadlines that continue to run even if everything has not yet been clarified.

At ASO Corporate, we help you review the inheritance with a clear legal approach and make the right decision: accept, renounce, accept under benefit of inventory, distribute, claim, or defend your position. We work from Barberà del Vallès by appointment and also provide online assistance to clients throughout the province of Barcelona.

Don’t accept an inheritance without knowing what you are accepting

In Catalonia, succession opens at the moment of death and, when governed by Catalan civil law, the heir succeeds to the deceased’s entire estate, including assets, rights, and obligations that are not extinguished upon death. The law also establishes that the heir steps into those obligations, and that the inheritance is deferred at the time of death.
In plain terms: an inheritance can either be an asset or a risk. That is why it should not be signed under pressure, family expectations, or simply “to get things moving”.

The first step is always the same:

• check whether there is a will or not
• identify the actual assets in the estate
• check whether there are debts
• understand each heir’s legal rights
• and assess the potential tax impact

I want to know whether it is better for me to accept or renounce the inheritance

Inheritances in Catalonia: what your rights actually are

In Catalonia, succession can arise from a will, an inheritance agreement (pacte successori), or the law, and intestate succession only applies when there is no appointed heir. In addition, the Catalan Civil Code regulates its own rules regarding the estate community, partition of the inheritance, and forced heirship (legítima).

This is important because many people mix the general Spanish Civil Code rules with Catalan civil law, and they are not always the same. In Catalan inheritance matters, it is essential to specifically review:

• who is the legal heir
• who is entitled to the forced heirship (legítima)
• whether there are usufructs or specific bequests
• whether there are reportable lifetime gifts (donations collationable)
• and how the estate will actually be distributed

Accepting, renouncing, or accepting under benefit of inventory

This is one of the most delicate decisions. Pure and simple acceptance
If you accept an inheritance outright, Catalan law establishes that you become liable for the deceased’s obligations and estate charges not only with the inherited assets, but also with your own personal assets.
Renunciation of an inheritance in Catalonia must be made expressly in a public deed. In addition, if the renunciation harms the claimant’s creditors, they may take legal action under the conditions provided by law.

Benefit of inventory
The Catalan Civil Code allows you to accept an inheritance under benefit of inventory, provided that the inventory is drawn up in accordance with the law. This inventory must generally be formalised within six months from the moment the heir becomes aware of (or should reasonably be aware of) the succession. It can be completed before a notary or, in certain cases, through a private document submitted to the relevant tax authority for inheritance tax purposes. If it is not properly completed within the required timeframe, the law presumes pure and simple acceptance.

The key practical point is this:
if you are not clear about the debts of the estate, you should not rush into accepting without first assessing whether benefit of inventory is the appropriate option.

I want to review debts and inventory profit.

Forced heirship, estate distribution, and disputes between heirs

In Catalonia, the forced heirship (legítima) does not automatically make the beneficiary a co-owner of the estate. Article 451-1 defines it as the right to receive a patrimonial value from the deceased’s estate, and Article 451-5 sets its amount at one quarter of the legal basis calculated under the law. In addition, the law provides that, in the absence of a specific provision by the deceased, the legítima accrues statutory interest from the date of death.

This means that in many inheritance disputes, the real issue is not simply “whether you are an heir or not”, but:

• whether you are entitled to the legítima
• how much it is actually worth
• who is responsible for paying it
• how assets and lifetime gifts are taken into account
• and how the remaining estate should be distributed among heirs

When there are multiple heirs, an estate community may arise, and if there is no agreement, the partition can become blocked. This is typically where real conflicts appear:

• some heirs want to sell, others do not
• one heir has used estate assets while others have not
• bank accounts are frozen
• there are undivided real estate assets
• or a forced heirship claim arises during the distribution process

I want to unblock a stalled inheritance

Inheritance tax: deadlines and common mistakes to avoid

In Catalonia, when you receive an inheritance, legacy, or any other acquisition upon death, you must file the inheritance tax return using forms 660 and 650, even if no tax is ultimately payable. The general deadline to file and pay is six months from the date of death. Within the first five months, you may request a six-month extension, although interest on late payment will apply for the extended period.
This leads to a very practical consequence:
even if the estate is not fully settled, the tax deadline keeps running.
That is why it is important to properly coordinate three key aspects:

• the civil strategy of acceptance or renunciation
• the documentation of assets and debts
• and the tax deadline, to avoid late or incorrect filings

How we handle your inheritance case

2. We assess whether to accept, renounce, or accept under benefit of inventory
Not all inheritances should be accepted in the same way. This is where most costly mistakes are avoided.

3. We structure the distribution and anticipate conflicts
When there are multiple heirs, improvisation is the main risk. Rights, positions, and documentation must be properly organised from the outset.

4. We coordinate the tax side
It is not just about going to the notary. Deadlines, forms, and overall strategy must also be properly managed.

5. We claim or defend your position if there is a dispute
Forced heirship, estate partition, use of assets, bank accounts, real estate, blockages, or challenges. If there is a dispute, it is handled on solid legal grounds.

What documentation do we need?

If you already have it, it is useful to gather:

• death certificate
• certificate of last wills
• certified copy of the will, if one exists
• title deeds, land registry extracts, or property documentation
• bank balances or asset information
• documentation of debts, loans, or guarantees
• family record book or documents proving kinship
• deeds of prior donations, if any
• communications from the notary, bank, or tax authorities
• any draft partition deed or inheritance agreement already in circulation

If you do not have everything, that is not a problem. We will tell you what is truly needed and what should be requested before signing anything.
 

If you are dealing with an inheritance, it is better to decide properly than to rush

In inheritance matters, the most common mistake is not conflict itself, but <strong>signing without understanding the consequences</strong>.<br />
If you want to review whether it is better to accept, renounce, accept under benefit of inventory, distribute, or make a claim, we help you do it safely.

Request an initial assessment of your inheritance