Does testate succession exclude intestate succession?
Posted: Sun Dec 22, 2024 9:28 am
Once all these procedures have been completed, the Inheritance Tax must be paid . The amount depends on the assets inherited, the degree of consanguinity, in which Autonomous Community the deceased died, etc. The tax must be paid within 6 months of the death and must be submitted at the place of residence of the deceased.
Finally, we come to the last step, receiving the inherited property. It is highly usa number list recommended that you register any real estate you have inherited in the Property Registry and put everything in your name.
As we have indicated before, intestate succession applies in the absence of testate succession. When there is a will, the instructions contained therein must be followed, but this does not mean an exclusion of intestate succession. They are compatible . That is, in the event of an insufficient will, the law will be used to determine who owns the assets or rights of the deceased that are not included in the will.
Intestate succession has a subsidiary or residual character , we will resort to it when there is no will, when it is null, when it has lost its validity, does not appoint an heir in whole or in part, does not dispose of all the assets or when the heir does not meet the conditions to succeed.
Inheritance without a will
What happens if someone dies and does not leave a will? Intestate succession or abintestato would begin , that is, we apply the law and those people indicated in the Civil Code will inherit. As with testate succession, first of all, it is necessary to request the certificate of last wills to find out whether or not there is a will.
Knowing that there is no will, it is necessary to make a declaration of heirs . This is a document that must be formalized when a person dies without a will. It is done before a Notary .
After processing the declaration of heirs, the same procedure is followed as in testate succession and the phase of awarding the inheritance before a Notary begins. To do this, it is necessary to make an inventory of the assets, rights and obligations of the deceased and to create a partition book to determine the share that corresponds to each heir.
Once the inheritance has been accepted and distributed, it is time to settle the Inheritance Tax, which, as with testate succession, takes 6 months.
Who are the intestate heirs?
It is important to differentiate between forced heirs or legitimate heirs and legal or legitimate heirs. The former are those who, regardless of whether there is a will or not, have the right to receive a part of the inheritance ( art. 807 of the Civil Code ):
Children and descendants with respect to their parents and ancestors.
In the absence of the above, parents and ancestors with respect to their children and descendants.
The widow or widower in the manner and measure established by the Civil Code.
The legal or legitimate heirs are those that the law designates as heirs when there is no will ( art. 913 of the Civil Code ):
The relatives of the deceased.
The widower or widow.
The State.
The forced heir will always exist whether or not there is a will. The legitimate heir only exists in successions without a will.
Conclusions
Now that you know the difference between inheritance with or without a will, you have been able to see that both inheritance planning and a will are essential for you and your family. Starting the process to leave everything in order means having peace of mind both in life and in the afterlife.
According to the lawyer and jurist Ángel Seisdedos , an expert in inheritances: «Making a will is economical, much more economical than what it will cost your family to make the declaration of heirs. In addition to being economical, it is one of the most efficient ways to avoid your family breaking up, arguing over the assets or even third parties outside the family being able to decide on your assets».
Finally, we come to the last step, receiving the inherited property. It is highly usa number list recommended that you register any real estate you have inherited in the Property Registry and put everything in your name.
As we have indicated before, intestate succession applies in the absence of testate succession. When there is a will, the instructions contained therein must be followed, but this does not mean an exclusion of intestate succession. They are compatible . That is, in the event of an insufficient will, the law will be used to determine who owns the assets or rights of the deceased that are not included in the will.
Intestate succession has a subsidiary or residual character , we will resort to it when there is no will, when it is null, when it has lost its validity, does not appoint an heir in whole or in part, does not dispose of all the assets or when the heir does not meet the conditions to succeed.
Inheritance without a will
What happens if someone dies and does not leave a will? Intestate succession or abintestato would begin , that is, we apply the law and those people indicated in the Civil Code will inherit. As with testate succession, first of all, it is necessary to request the certificate of last wills to find out whether or not there is a will.
Knowing that there is no will, it is necessary to make a declaration of heirs . This is a document that must be formalized when a person dies without a will. It is done before a Notary .
After processing the declaration of heirs, the same procedure is followed as in testate succession and the phase of awarding the inheritance before a Notary begins. To do this, it is necessary to make an inventory of the assets, rights and obligations of the deceased and to create a partition book to determine the share that corresponds to each heir.
Once the inheritance has been accepted and distributed, it is time to settle the Inheritance Tax, which, as with testate succession, takes 6 months.
Who are the intestate heirs?
It is important to differentiate between forced heirs or legitimate heirs and legal or legitimate heirs. The former are those who, regardless of whether there is a will or not, have the right to receive a part of the inheritance ( art. 807 of the Civil Code ):
Children and descendants with respect to their parents and ancestors.
In the absence of the above, parents and ancestors with respect to their children and descendants.
The widow or widower in the manner and measure established by the Civil Code.
The legal or legitimate heirs are those that the law designates as heirs when there is no will ( art. 913 of the Civil Code ):
The relatives of the deceased.
The widower or widow.
The State.
The forced heir will always exist whether or not there is a will. The legitimate heir only exists in successions without a will.
Conclusions
Now that you know the difference between inheritance with or without a will, you have been able to see that both inheritance planning and a will are essential for you and your family. Starting the process to leave everything in order means having peace of mind both in life and in the afterlife.
According to the lawyer and jurist Ángel Seisdedos , an expert in inheritances: «Making a will is economical, much more economical than what it will cost your family to make the declaration of heirs. In addition to being economical, it is one of the most efficient ways to avoid your family breaking up, arguing over the assets or even third parties outside the family being able to decide on your assets».