What formalities must be completed after a death?

There are a number of administrative, notarial and legal formalities to complete after any death.

First, you need to allow two to three weeks after the death to request the death certificate. With it, you can request the certificate from the Register of Last Wills (Certificado de Últimas Voluntades), which will show whether the deceased made a will and, if so, which was the last one and before which notary it was signed, so that you can ask for a copy.

If the deceased made a will, their wishes must be carried out, while respecting certain rights the law imposes, such as the forced share (legítima) and/or the quarta falcídia, among others.

If the deceased did not make a will, the law will determine who is entitled to inherit. In Catalonia, these are first the children and grandchildren and, failing them, the spouse, the parents, the siblings and other relatives. In this case, before the inheritance can be accepted, a declaration of heirs must be made before a notary or a court, establishing who is entitled to inherit.

At Arias Advocats we always recommend making a will. That way, the law does not decide who your heirs will be.

After a death, it is advisable to have a lawyer study, prepare and handle the inheritance, because there are legal and tax issues to take into account when accepting it — both to obtain the greatest benefit from it and to save as much as possible on taxes.

You may also be interested in: First steps in handling an inheritance.