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When someone dies, their heirs do not only receive the assets: they also take on the debts. That is why, before accepting an inheritance, it is worth knowing what is in it. The Civil Code offers three routes, and which one you choose decides whether you receive an estate or take on a problem.

In this article
  1. The short answer
  2. The three options
  3. How benefit of inventory works
  4. The deadlines that matter
  5. Beware of accepting without realising
  6. How to find out what debts there are
  7. If you renounce
  8. Frequently asked questions

The short answer

Debts do not disappear when someone dies: they pass to the estate. If you accept it outright, you are liable for them even with your own money if the assets fall short. If you accept with benefit of inventory, you are only liable up to the value of what you inherit. And if you renounce, you receive nothing but pay nothing either. The key is to decide with the facts in hand and, in the meantime, not to do anything that counts as accepting.

The three options

OptionWhat happens with the debtsWhen it makes sense
Accept outrightYou are liable for all of them, also with your own assets if the estate falls shortWhen you know the assets comfortably exceed the debts
Accept with benefit of inventoryYou are only liable up to the value inherited; your own assets stay separateWhen there are debts or doubts
RenounceYou are liable for noneWhen debts clearly exceed the assets

Each heir decides separately: some may accept and others renounce, and some accept with benefit of inventory and others not.

How benefit of inventory works

  1. It is declared before a notary. If you live abroad, you can do it before the Spanish consul.
  2. A faithful and exact inventory is made of all assets and debts, with creditors and legatees summoned so they can attend. It starts within 30 days of that summons and ends within another 60.
  3. Debts and legacies are paid from the estate. Whatever is left goes to the heir; if it is not enough, the heir pays nothing out of their own pocket.

Meanwhile, the estate and your own assets are not mixed, and you keep any claims you had against the deceased (for example, if they owed you money).

You can also ask for the inventory before deciding, in order to «deliberate». When it is finished, you have 30 days to say whether you accept, with or without the benefit, or renounce. If you say nothing, you are deemed to accept outright.

The deadlines that matter

Silence does not protect you: if a creditor asks you through a notary and you do not answer within 30 days, you have accepted with all the debts.

Beware of accepting without realising

An inheritance can also be accepted by conduct: acts only an heir would do. Selling something from the estate, using money from its accounts or assigning your share to someone else count as outright acceptance. Mere acts of preservation or provisional management do not, provided you do not act as heir. If in doubt, touch nothing until you have taken advice.

And if you have accepted with benefit of inventory, you can lose it by knowingly leaving an asset out of the inventory or by selling estate assets before paying the debts without the consent of those involved.

How to find out what debts there are

Even with all that, there is no guarantee nothing will turn up later. That is why, when in doubt, benefit of inventory is the prudent option: it protects you even if the debt appears later.

If you renounce

Renunciation is made before a notary and is final. Your share does not pass to your children but to the other co-heirs or whoever the will names. And renouncing «in favour of» a particular sibling is not renouncing: the law treats it as accepting and then giving it away, with the taxes that entails. We explain it in accepting or renouncing an inheritance.

At Equus Capital we look at what the estate really contains, assets and debts, before you decide, and handle the inventory before a notary if needed. The first consultation is free: inheritance services in Valencia.

Frequently asked questions

If I inherit, do I have to pay the deceased's debts?

If you accept outright, yes, even with your own assets. If you accept with benefit of inventory, only up to the value of what you inherit. If you renounce, you pay nothing.

What is accepting with benefit of inventory?

Accepting while limiting your liability to the value inherited. It is declared before a notary and an inventory of assets and debts is drawn up; debts are paid from the estate and your own assets stay separate.

What is the deadline for benefit of inventory?

If you hold estate assets, 30 days from learning you are an heir. If you are formally asked through a notary, 30 calendar days. Otherwise, as long as you have not been sued.

What if a creditor asks me and I do not answer?

If you do not decide within 30 calendar days of the notarial request, you are deemed to accept outright, with all the debts.

Can I accept without realising?

Yes. Selling an estate asset, using money from its accounts or assigning your share count as acceptance. Mere preservation does not.

Can benefit of inventory be lost?

Yes, if you knowingly leave an asset out of the inventory or sell estate assets before paying the debts without consent.

Can I do it from abroad?

Yes. The declaration can be made before the Spanish consul in the country where you are.

If I renounce, do my children inherit?

No. Your share goes to the other co-heirs or whoever the will names.