Inheritance management in Malaga
If you want to manage your inheritance in Malaga, We leave you here the steps you will have to follow to manage it successfully.
What do I need to deed an inherited house?
Processing an inheritance is a delicate step that we must carry out whenever a family member dies. Here we explain the steps to follow to be able to dispose of the assets of an inheritance.
Once purchased you can decide if put it for sale or for rent. Leave it in our hands and we'll take care of everything.
*Death certificate
(You can apply at the Registry Office of the place of death).
* Certificate of last wills.
* Certificate of insurance If any.
* Certified copy of the Testament.
– To obtain the Testament must go with the previous certificates to the notary where has there been the last testamentary backup.
If the certificate of last wills establishes that your deceased family member did testament, you will have to go to the notary or the Court of first instance to apply for one Declaration of heirs.
In this case the law us support under certain regulations, that dictate how property must be distributed to family members according to their degree of union with the deceased.
How to make an inheritance without a will?
Documentation if not became testament
* You will need to:
– DNI. of the deceased
– Registration certificate.
In the case of not having the DNI.
– Family book
or departures from the Civil registration that you try the relationship to the deceased.
What is a Patrimonial Inventory?
A patrimonial inventory is a document that lists all the assets and debts of the deceased, including real estate. The inventory must be done by a Notary, who will subsequently summon the legatees (heirs) and creditors to inform them.
To learn about the existence of real estate landed to the property registration or to the cadastre as requested where those simple notes in which appears the name of the deceased.
In the case of existence of debts attached to these goods, You can opt not to assume these debts. To do this you have to make a waiver Attorney inheritance, or accept the inheritance for the benefit of inventory, es decir, receive the rest of heritage that about satisfied once the debts.
How do you make an Inheritance partition?
To partition an inheritance, You must use a document called partition notebook. It is carried out after the valuation of the inventory and must be drawn up by a lawyer, as it is a fairly complex legal document.
What is an Inheritance partitional notebook?
In the particional notebook It is a document that collects the identification of all those interested in the inheritance, the inventory of goods and debts and contracts which are made to each heir or legatee.
At that time is the Notarial deed of partition of inheritance, to be able to sign the transmission of real estate in the property registration, Since it should be mandatory in a public document.
Inheritance tax (Junta de Andalucía)
To pay the inheritance tax, that is what corresponds to pay for inheritance, have a term of 6 months from the death.
Check out the models 650 y 660 necessary for the payment of taxes.
Surplus value (IIVTNU)
Other tax to pay the tax on the increase in value of land in urban nature. It is obligatory to pay in the first 6 months counting from the day of the death. It may be extended to other 6 months upon request. In case of not to meet this payment, You may incur penalty.
How to take possession of the assets of an inheritance?
To finalize the taking of possession of the assets of an inheritance, All the documents described above must have been presented before the notary, who will carry out the legal procedures to register the inheritance.
Once saved all these procedures, the estate of the deceased will be on behalf of the legal heirs. You are now ready to grant the purchase or rental of your new home.
Planetacasa handle all these steps for free and helps you manage the sale of the inherited home. Consults your doubts in your Office nearest. En Planetacasa We pay attention to detail and commitment to.
Factors to take into account when processing an inheritance.
Testament:
The testament is a legal document through which the deceased can record their last wishes and how they want their assets and capital to be distributed among their heirs.. It is a fundamental document to take into account when processing an inheritance, since it will determine the process to follow and can greatly facilitate the distribution of assets among the heirs.
If the deceased has not left a will, A declaration of heirs must be made to prove who the direct heirs are and to be able to proceed with the distribution of the assets. This involves filing a series of documents and going through a legal process to prove that you have inheritance rights.. Once the declaration of heirs has been made, the distribution of assets is carried out according to the laws of succession.
If the deceased has left a will, You must go to the notary to sign a deed of inheritance adjudication. This deed specifies who the heirs are and how the assets and capital are distributed. It is important to bear in mind that the will can be questioned by one of the heirs if they consider that what is established in it is not being respected.. In this case, It may be necessary to go to court to resolve the conflict.
It is essential to have a valid and updated will to facilitate the process of processing an inheritance and avoid problems between the heirs.. If you don't have a will, it is advisable to do it as soon as possible to be able to record the last wishes and save problems for the heirs in the future.
heirs:
The heirs are the people who have the right to inherit the assets and capital of the deceased. In the process of processing an inheritance, it is essential to know who the heirs are and how the assets are distributed among them.
If the deceased has not left a will, the heirs will be those who establish the laws of succession. These laws vary according to the place of residence of the deceased and establish who has the right to inherit and in what proportion.
If the deceased has left a will, the heirs will be those specified in it. It is important to bear in mind that the will can be questioned by one of the heirs if they consider that what is established in it is not being respected.. In this case, It may be necessary to go to court to resolve the conflict.
It is important to know who the heirs are and how the assets are distributed among them in order to carry out the inheritance process efficiently. It is advisable to have a valid and updated will to facilitate this process and avoid problems between the heirs..
Necessary Documentation:
To process an inheritance, it is necessary to present a series of documents and complete a series of procedures. It is important to know what documents are needed and how to obtain them to avoid delays or problems during the process..
The necessary documents usually include:
Death certificate:
It is the document that certifies that the deceased has died and that is used to start the process of processing the inheritance.
Document proving the identity of the deceased:
It can be the ID or passport of the deceased.
Document proving the identity of the heirs:
It can be the ID or passport of each of the heirs.
Registration certificate:
certifies the place of residence of the deceased and the heirs.
Marriage certificate:
if the deceased was married, marriage certificate is required.
Testament:
if the deceased has left a will, It is necessary to present the original of the same.
It is important to bear in mind that this list of documents is indicative and may vary depending on the specific case and the place of residence of the deceased.. It is advisable to consult our real estate agents to make sure that you have all the necessary documentation and that each of the procedures is being completed correctly.
In addition to the documentation, It is necessary to complete a series of procedures to be able to process the inheritance. These procedures may include:
Declaration of heirs:
in case the deceased has not left a will, it is necessary to make a declaration of heirs to prove who they are and to be able to proceed with the distribution of assets.
Inheritance award deed signing:
if the deceased has left a will, You must go to the notary to sign a deed of inheritance adjudication, in which it is specified who the heirs are and how the assets and capital are distributed.
Registration in the property registry:
once the assets and capital have been distributed, it is necessary to register the changes in the property registry to make them official.
Preparation and presentation of inheritance tax:
it is necessary to pay an inheritance tax called inheritance tax. It is important to know what is the percentage that must be paid and how to present the corresponding declaration.
It is essential to know all the procedures and documents necessary to be able to efficiently carry out the process of processing an inheritance and avoid problems or delays during it..
Expenses:
In the process of processing an inheritance, It is important to take into account that a series of expenses are generated. It is essential to know what these expenses are and how to pay them to avoid problems.
The most common expenses in the process of processing an inheritance are:
Notary fees:
are the fees charged by the notary for the work of drafting and authenticating documents, such as a will or deed of adjudication of inheritance.
Registration fees:
are the fees charged by the registry for the work of registering changes in the property registry.
inheritance tax:
It is a tax that is paid on the inheritance and that varies according to the place of residence of the deceased and the heirs and according to the value of the inherited assets.. It is important to know what is the percentage that must be paid and how to present the corresponding declaration.
municipal capital gain:
It is a tax that is paid for the transfer of real estate and that varies according to the place of residence of the deceased and the value of the house.. It is important to know what is the percentage that must be paid and how it is calculated.
It is important to bear in mind that this list of expenses is indicative and may vary depending on the specific case and the place of residence of the deceased..
Advice:
One of the most important factors to take into account when processing an inheritance in a real estate agency is having qualified and experienced professionals who can help and guide the heirs during the process..
In the case of a real estate, Relying on professionals with real estate knowledge can be very helpful in properly valuing and selling inherited real estate and getting the best possible price for it..
At Planetacasa Inmobiliaria we are aware of the difficulties and complications that the process of processing an inheritance can entail.. For this reason, We offer you our free agency services so that you can sell your home without worrying about the necessary paperwork and procedures..
We take care of everything: documentation collection, preparation and accompaniment to the notary, preparation and presentation of inheritance tax, registration in the land registry, request bonuses and discounts, and much more. Además, We have our own lawyer to resolve any problem or conflict that may arise during the process.
You don't have to worry about a thing: we move, we gather the documentation, and we prepare everything necessary for you to sell your house in the best conditions. And all this without charging you any management fees.
Do not hesitate to contact us to process your inheritance and sell your home quickly and easily. We offer you a complete and professional service so that you can deal with this situation in the best possible way..
Además, At Planetacasa Inmobiliaria we offer you the possibility of valuing and selling your real estate in an optimal way and obtaining the best price for them. We have a team of highly qualified real estate professionals with extensive experience, that will help you find the best solution for you.
Do not hesitate to contact us for more information or to request our services. We will be happy to help you process your inheritance and sell your home quickly and easily.. We are waiting for you at Planetacasa Real Estate!