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    Inheritance lawyer in Barcelona

    When a relative dies, decisions have to be made about whether to accept the estate, who inherits if there is no will and how the assets are divided, with tax deadlines that run from the date of death. At Antonio Galiano Legal, a law firm in the Sant Andreu district of Barcelona, we guide heirs and families through the whole process, by agreement or before the courts.

    • Full handling of the estate, with or without a will
    • Negotiation between heirs and, if there is no agreement, division by the court
    • Review of the will, forced shares and debts before accepting
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    What inheriting in Catalonia involves

    In Catalonia, inheritance is governed by Book Four of the Civil Code of Catalonia. The heirs are those named in the will and, if there is none, the law sets an order of heirs, which is established by a declaration of heirs before a notary. Before accepting, it is advisable to know which assets and which debts make up the estate, because the heir's liability depends on that decision.

    • Accepting or renouncing. An heir can accept or renounce the inheritance. Accepting with the benefit of inventory can prevent the estate's debts from affecting the heir's own assets, if it is done in the form and within the time limit the law requires.
    • The forced share (legítima). In Catalonia, the children's forced share is one quarter of the value of the estate. If the will does not respect it, it can be claimed.
    • Taxes. Inheritance tax must be filed within six months of the death, a period that can be extended. If there is property, municipal capital gains tax (plusvalía) may also be due.
    • If there is no agreement. When the heirs cannot agree on the division, any of them can ask the court to divide the estate.

    What we handle

    • Declarations of heirs when there is no will
    • Acceptance, renunciation and acceptance with the benefit of inventory
    • Division and allocation of the assets
    • Disputes between heirs and court division of the estate
    • Claims for the forced share
    • Challenging a will
    • Executors and legacies
    • Inherited homes held in co-ownership: sale or ending the co-ownership
    • Wills and succession planning

    How we work

    First, the documents. We review the death certificate, the certificate of last wills, the will if there is one and the information on assets and debts. That tells us what is at stake.

    Then, the options and deadlines. We explain what you can do, what consequences each option may have and which dates must not be missed, before you make any decision.

    Agreement where possible. Many estates can be settled before a notary. When there is no agreement, we defend your interests in court.

    Who handles your case

    Antonio Galiano Ortega, a lawyer registered with the Barcelona Bar Association (Il·lustre Col·legi de l'Advocacia de Barcelona) under number 48.015. The office is at Carrer de Portugal, 3, in the Sant Andreu district, next to La Sagrera. We work in Barcelona, Badalona, L'Hospitalet de Llobregat and the metropolitan area.

    Legislation cited

    Frequently asked questions

    What documents do I need to get started?
    The death certificate, the certificate of last wills and the authorised copy of the last will or, if there is none, the declaration of heirs. Also the certificate of life insurance contracts and the documents for the deceased's assets, accounts and debts: title deeds, bank statements and loan receipts. If anything is missing, we tell you where and how to request it.
    What happens if one heir does not want to sell the home?
    No heir is obliged to remain in co-ownership. If there is no agreement, any of them can ask the court to divide the estate or, if the home already belongs to several people jointly, to divide the jointly owned property; where the property cannot be divided, this may end in its sale and the division of the price. Before taking that route, we look at negotiated alternatives, such as allocating the property to one heir with compensation for the others.
    How long do I have to file inheritance tax?
    Six months from the death. An extension of a further six months can be requested, provided it is applied for within the first five. Filing late can lead to surcharges and interest, and it is best not to leave it to the last minute, because gathering the documents takes time.
    Can I renounce an inheritance with debts?
    Yes. The renunciation must be made expressly, before a notary or the court, and it is irrevocable. Another option is to accept with the benefit of inventory, which limits liability for the debts to the value of the assets inherited. Which suits you depends on what the estate contains, and we analyse it before you decide.
    How much are your fees?
    They depend on the matter: settling an estate by agreement is not the same as court proceedings to divide it. Before we start, we give you a fixed written quote setting out the work included.

    Do you have an estate to settle?

    Call us on +34 711 53 61 06 or message us on WhatsApp. We will tell you which documents to gather and what steps lie ahead.

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