When a relative dies, heirs rarely think they may be about to make a mistake with wealth consequences for the rest of their lives. Accepting an inheritance is not a neutral administrative formality: it is a legal decision with definitive effects. This article explains the three legal routes offered by the Spanish Civil Code and the circumstances in which each one is advisable.
1. The heir's three options
The Civil Code (Art. 988 and following) recognises three ways of responding to an inheritance:
| Option | What it means | Risk |
|---|---|---|
| Pure and simple acceptance | The heir acquires assets and debts. They are liable with their own estate. | High if there are hidden debts. |
| Acceptance under benefit of inventory | The heir acquires the assets, but is only liable for the debts up to the value of the inherited estate. | Low. It protects personal wealth. |
| Renunciation | The heir rejects the inheritance. They receive neither assets nor debts. | Definitive and irrevocable. |
2. Pure and simple acceptance
It is the most common option and, paradoxically, the most dangerous when no prior inventory has been drawn up. The heir accepts the entire block: assets, debts, tax obligations, personal guarantees given by the deceased, sureties, pending contracts. If debts they were unaware of later appear, they are liable with their own personal estate without limit.
It can be express (a notarial deed) or tacit: acts by the heir that would only make sense if they were an heir. Selling a piece of the deceased's furniture, collecting on an account or using the deceased's vehicle may constitute tacit acceptance even without signing anything. This point is frequently overlooked and gives rise to disputes.
3. Acceptance under benefit of inventory
It is the most conservative option and, in practice, the most advisable whenever there is any doubt about the liabilities. The heir accepts, but their liability for the deceased's debts is limited to the value of the inherited assets. If the debts exceed the assets, the heir is not liable with their personal estate.
Procedure
- Declaration before a notary (Art. 1011 of the Civil Code).
- Preparation of a detailed inventory within 30 days of the declaration (extendable to 60 with justification).
- Notice to known creditors and legatees.
- Payment of debts and legacies out of the estate.
- Whatever remains is handed to the heir. If nothing remains, that is the end of it.
Benefit of inventory adds an administrative burden (inventory, possible appraisals, managing payments to creditors) but offers a protection of assets that in many situations more than offsets the cost.
If there is the slightest suspicion of hidden debts, guarantees given by the deceased to third parties or ongoing contracts that are hard to quantify, acceptance under benefit of inventory should be the default option.
4. Renunciation
The heir completely rejects the inheritance. They receive no assets, take on no debts, and are deemed never to have been called to inherit. It is irrevocable: once renounced, you cannot change your mind.
Effect on the other heirs
Renunciation does not extinguish the call to inherit: the renouncing heir's share passes to their co-heirs by the right of accretion, or to the next line of succession. If all the heirs renounce, the inheritance is deemed vacant and, once the lines of succession are exhausted, it ends up with the State or the corresponding Autonomous Community.
Beware of renouncing "in favour of"
Renouncing "in favour of" a specific person is not renunciation: it is acceptance followed by a gift. It is taxed under Inheritance Tax (acceptance) and as a gift, generating a double tax burden. If the aim is for the inheritance to go to someone else, it must be done with proper succession planning, not with a poorly formulated renunciation.
5. Deadlines and prescription
The Civil Code does not set a strict deadline to accept or renounce, but there are two critical time limits you must watch:
- 6 months to settle Inheritance Tax (ISD) from the date of death. Extendable by a further 6 months if requested within the first 5 months.
- Interpellatio in iure (Art. 1005 of the Civil Code): any interested party may ask the notary to require the heir to decide within 30 days. If they do not respond, they are deemed to accept purely and simply.
In addition, once a creditor files a court claim, the procedural deadlines are indeed strict. Inaction has a cost.
6. Common mistakes
Mistake 1: Accepting tacitly without realising it
Collecting belongings from the deceased's home, paying bills with the deceased's money, drawing accrued pensions or selling a vehicle may constitute tacit acceptance. Before touching anything in the deceased's estate, it is wise to speak with a succession lawyer.
Mistake 2: Not taking an inventory before deciding
Deciding on pure acceptance without having traced debts (the tax authorities, Social Security, bank loans, personal guarantees, seizures, pending contracts) is a blind bet. Checking the register of last wills is insufficient: it does not reveal the liabilities.
Mistake 3: Renouncing "in favour of" a relative
As explained, this is disguised acceptance + gift. Double taxation.
Mistake 4: Confusing the tax deadline with the civil deadline
The 6 months are for settling Inheritance Tax, not for accepting the inheritance. There can be situations where the heir is still weighing whether to accept or renounce while tax accruals are being presented at the same time. There is legal room to manoeuvre, but it requires technical handling.
Mistake 5: Not considering substitution
If you renounce, your children inherit in your place by the right of representation. In some families this is what is intended (intergenerational planning); in others, it is not. It is wise to anticipate this before signing.
7. Real case (anonymised)
Sole heir of a deceased father with a home in the Valencian Community (€180,000), a current account (€12,000) and an outstanding personal loan of €35,000. He accepts purely and simply without investigating. Three months later a personal guarantee comes to light that the father had given to a brother-in-law for €90,000. The heir ends up liable with his own estate for the difference between the inherited estate and the total debt. With acceptance under benefit of inventory, his exposure would have been limited to €192,000.
If you want to better understand the tax you will have to settle, read our guide to Inheritance Tax in the Valencian Community 2026.
And if you want to plan ahead and organise your inheritance during your lifetime, see how to plan your succession correctly.
8. How Equus Capital operates
At Equus Capital we handle complex successions with the following protocol: an exhaustive inventory of assets and liabilities, analysis of the deceased's sureties and personal guarantees, evaluation of the three options with economic and tax quantification, a reasoned written recommendation and, once the route is decided, full management through to registration and settlement of Inheritance Tax. The advisory work does not end until the estate is clean and registered.