Which is the competent authority?
Who should I contact?

Which international rules of jurisdiction apply to the assets of a national or a foreign citizen?

In the absence of applicable rules of international conventions, the rule of uniqueness of moveable and immovable property located on the national territory that falls under the jurisdiction of the Spanish authorities applies.
If the deceased had foreign nationality, his/her national law governs the succession, but the Spanish authorities have jurisdiction with respect to both immovable property located in Spain and movable property bequeathed by the deceased in Spain.

Which international rules of jurisdiction apply to the assets of the deceased if located abroad?

If the deceased had his/her habitual residence in Spain and had Spanish nationality, the succession of movable property located abroad is only settled in Spain upon request by one of the parties. The succession of immovable property located abroad shall not be settled in Spain.
However, if the deceased had foreign nationality, the entire inheritance located abroad is not governed by Spanish law, as in Spain the law of uniqueness of the succession and of the nationality of the deceased applies.

Which authority is responsible for the succession procedure?

Jurisdiction ratione materiae and jurisdiction ratione loci are determined by the place of residence, habitual residence of the deceased. If there is a will, jurisdiction falls to any civil law notary, as the interested parties choose their notary.

If there is no will, the court of instance of the domicile or habitual residence of the deceased is competent for cases when the deceased has left neither children, nor parents, nor widower/widow, nor registered partner. In this case, only the court can designate the heirs and also in the event of disagreement between the heirs regarding acceptance or sharing of the succession. In other cases when the deceased has not left a will, the establishing of an affidavit falls to the civil law notary from the last place of residence of the deceased in Spain and, failing this, that of the place of death in Spain or the place where the most assets are located in Spain.

How and by whom is the succession procedure instigated?

The succession procedure is not automatically instigated; it is instigated at the request of an interested party.

How is the heir’s capacity checked?

The capacity of heir is checked either by an authentic copy of the will, by an affidavit or by a declaration of heirs dictated by a court.

Can or must an inventory of the estate be drawn up?

An inventory of the estate in which the succession is accepted and/or shared can be drawn up by an authentic instrument before a civil law notary at the request of the heirs.

However, the inventory is drawn up by the court: in the case of a succession under benefit of inventory; in the presence of persons who may have a right to the reserved portion and who are minors or who need a legal representative for other reasons – incapacity – and the succession requires sharing; if the succession could be devolved to the State in the absence of surviving heirs; or at the request of a person who is authorised to do so or the trustee of the succession.

Is there a system regarding the administration of the succession?

In Spain, between the devolution and the act required for the acquisition of the succession (vesting order), the succession property constitutes a succession in abeyance (hereditas iacens) which is considered as a corporate body invested with legal personality and which needs a representative capable of accomplishing the necessary administrative acts (Art. 1934 Civil Code).

How is the succession procedure closed?

The vesting order results from an authentic instrument of acceptance and sharing of the succession or from an order from the court of probate that closes the succession procedure. From this moment, the heirs can take possession of the succession retroactively at the time of death (Art. 440 Civil Code), and the assets and liabilities are devolved to the heirs. The succession in abeyance (hereditas iacens) ceases to exist.

How is the estate transmitted to the heirs/legatees?

The succession duties pass to the heirs immediately upon death (Art. 597 CC) and entry into possession, if the succession is accepted and acquired. If the heir refuses the succession, it is understood that he/she has never entered into possession of the property (Art. 440 CC).

The vesting order presupposes the closure of the succession procedure and the submission of a declaration of acceptance of the succession in which the heir(s) prove their status. For the transfer of immovable property, registration in the land registry is required so as to be effective vis-à-vis third parties.