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What happens on death of someone I am inheriting from?

Inheritance Law

Antonio Flores Vila

15th of October 2000

Q. My partner and I have Spanish wills that leave each other our property should one or the other die. I have been told that the surviving partner needs to pay for a new escritura in order to have the property in the survivor´s name before selling the inherited property. Is this correct?

Dr Larry Mackie

    A. If you want to sell the inherited property once death occurs, you need first to attain full ownership by means of an escritura de aceptación y adjudación de ´herencia´ and registration of it. Only then you are able to sell the percentage of the deceased co-onwer to a third party.

    This is straightforward procedure done before the Notary Public, where the death certificate, the will and a few other documents are submitted.

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