When someone asks how long it takes to receive an inheritance, they almost always want a specific figure. The problem is that there is no single timeframe: the duration depends on whether there is a will, on how many assets make up the inheritance, on whether the heirs agree and on how quickly the documentation is gathered. Even so, realistic ranges can be given.
The short answer: a straightforward inheritance, with a will and heirs who agree, is usually settled in about 3 to 6 months. When there is no will, there are many assets or the heirs disagree, it can take much longer, even years if it ends up in court. The difference almost always comes down to two things: the paperwork and the agreement.
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The stages of an inheritance and how long they take
An inheritance is not one procedure but several steps that have to be taken in order. Our inheritance handling service in Valencia takes care of all of them. These are the usual stages and roughly how long each one takes.
Obtaining certificates
The starting point is three documents: the death certificate, the certificate of last wills (which states whether a will exists and before which notary) and the certificate of death-cover insurance contracts. Bear in mind that the certificate of last wills cannot be requested straight away: you have to wait about 15 working days from the death to apply for it.
Will or declaration of heirs
If there is a will, an authorised copy is requested from the notary who holds it, a quick procedure of a few days. If there is not, it is necessary to process the declaration of heirs before a notary, which requires witnesses and a legal waiting period before it can be signed. This second route usually adds several weeks to the process.
Inventory and appraisal of assets
Everything that makes up the inheritance must be identified and valued: property, bank accounts, vehicles, securities, debts. Gathering balance certificates, Land Registry extracts (nota simple) and valuations can take from a few weeks to several months, depending on the number of assets and how scattered they are.
Partition document and acceptance
With the inventory closed, the partition document or the deed of acceptance and distribution is drawn up, setting out what each heir receives. If there is agreement, it is signed before a notary without delay. If there is not, this is the stage that can drag on the most, even indefinitely if it ends up in the courts.
Tax settlement
Before anything is registered in the heirs' names, Inheritance Tax must be settled and, where there is urban property, the municipal capital gains tax (plusvalía). There is no way round this step and the deadlines are strict, so it is best not left until the end.
Registration of the assets
The last step is to register the assets in the names of the new owners: property at the Land Registry, vehicles with the Traffic authority, and change of ownership at banks and companies. Only then can the inheritance be said to be fully received.
The deadline to file and pay Inheritance Tax is 6 months from the death. An extension of a further 6 months may be requested, but it must be requested in time (within the first 5 months). Letting the deadline pass without filing or paying generates surcharges and late-payment interest that make the inheritance unnecessarily more expensive.
What delays an inheritance
The main obstacles are usually: disagreement between heirs, which can block the partition for months or years; the existence of assets abroad, which forces the coordination of procedures in another jurisdiction; property that is not regularised or not registered in the deceased's name, which must be brought up to date before it can be transferred; and the difficulty of locating all the heirs when the family is scattered or there are distant relatives. Any of these circumstances can turn an inheritance that seemed straightforward into a long process.
How to speed up the process
Much of the delay can be avoided. Planning with a firm from the outset means doing things in the right order, with no false steps. Gathering the documentation as soon as possible (certificates, registry extracts, bank balances) avoids hold-ups in the middle stages. And above all, seeking agreement between heirs before positions harden. That is what decides whether you settle in months or litigate for years.
It also helps to be clear about some earlier decisions, such as whether you should accept or renounce the inheritance, to understand how Inheritance Tax works and to avoid the most costly mistakes in handling an inheritance, which tend to be the ones that cost the most time and money.
At Equus Capital we handle the whole process for families in Valencia, from the first certificates to the final registration of the assets, so that the inheritance is settled as soon as possible. First consultation free and with no obligation.
Frequently asked questions
How long does an inheritance with a will take?
When there is a will and the heirs agree, a straightforward inheritance is usually settled in about 3 to 6 months, from obtaining the certificates to registering the assets. The will avoids having to process the declaration of heirs, which saves several weeks.
And without a will?
Without a will you must first process the declaration of heirs before a notary, which adds time because of the legal waiting periods and the need for witnesses. In these cases, and especially if there are many assets or disagreement between the heirs, the process lengthens and can end up lasting years if it goes to court.
What is the deadline to pay Inheritance Tax?
The deadline is 6 months from the death to file and pay the tax. An extension of a further 6 months may be requested, provided it is requested within the first 5 months. Letting the deadline pass generates surcharges and late-payment interest.
Can the money at the bank be drawn before the inheritance is distributed?
As a general rule no: to access the money in the deceased's accounts the bank requires proof of heir status and, normally, that Inheritance Tax has been settled. There are some limited exceptions, such as payment of funeral expenses, but full access to the balances comes after completing the inheritance procedures.