The short answer: if one heir won't sign, the estate cannot be divided by agreement, because an agreed division needs every heir (article 1058 of the Spanish Civil Code). But his silence cannot block it forever. You can ask a notary to give him 30 calendar days to accept or refuse, and if he says nothing he is deemed to have accepted (article 1005). If he still won't sign, heirs holding at least 50% of the estate can ask for an estate partitioner who divides it without him (article 1057).
In this article
Why everyone has to sign
Until it is divided, the estate belongs to all the heirs together. Turning it into "this is yours, this is mine" is called the partition, and if the heirs do it themselves they must all agree (article 1058). If they cannot agree, the Civil Code sends them to the Civil Procedure Act (article 1059).
It helps to tell apart two deadlocks that look the same:
- He neither accepts nor refuses. Each heir decides separately (article 1007), and while he doesn't decide, everything hangs.
- He accepts but won't sign the division. He disagrees on values or on who gets what, or simply never turns up.
Nobody can be forced to stay in an undivided estate (article 1051), and between co-heirs the right to ask for a division never becomes time-barred (article 1965). What time does take from you is money and tax deadlines.
Your options, from least to most conflict
1. A written proposal, with figures
Often the heir who won't sign just distrusts the valuation or doesn't want a row. An inventory with a valuation and a concrete proposal, sent in a way that leaves proof, achieves more than ten phone calls.
2. The notarial demand: 30 days to decide
Since the 2015 reform (Law 15/2015 on Voluntary Jurisdiction), anyone with a legitimate interest can ask a Spanish notary to tell the heir that he has 30 calendar days to accept, accept with benefit of inventory (only up to the value of the estate) or refuse. The notary warns him that if he says nothing within that time, he is deemed to have accepted outright (article 1005 of the Civil Code). It can only be requested nine days after the death (article 1004).
It carries more weight than it seems: an heir who accepts outright is liable for the estate's debts with his own assets too (article 1003). The differences between accepting and refusing are explained in accepting or refusing an inheritance.
Note that the demand settles who is an heir. It does not force him to sign the division.
"Keeping quiet before the notary is not refusing. It is accepting."
3. The appointed estate partitioner
If the will does not name a partitioner, or there is no will, heirs and legatees holding at least 50% of the estate can ask for one to be appointed (article 1057 of the Civil Code). The Spanish term is contador-partidor dativo. With two siblings on equal shares, one of them is enough. A notary appoints them by public deed (article 66 of the Notaries Act), or the court's Legal Administration Officer does (article 92 of the Voluntary Jurisdiction Act).
If the deceased lived in Valencia, you can go to a notary in Valencia or in a neighbouring district. The other heirs are summoned if their address is known. The partitioner, an independent professional, lists, values and divides the assets. That division needs approval from the notary or the court officer, unless all the heirs expressly confirm it. This way the division goes ahead even if one heir won't sign.
4. Division by the court
This is the last resort. Any co-heir can ask the court to divide the estate (article 782 of the Civil Procedure Act), before the Courts of First Instance of the deceased's last domicile (article 52.1.4). The court officer calls a meeting within the following ten days. If there is no agreement on the partitioner, one is drawn by lot from among lawyers (article 784.3). At any point you can reach a deal and close the case (article 789).
Before filing, you must have tried to negotiate: since 3 April 2025 Organic Law 1/2025 (article 5) requires it for the special proceedings of the Civil Procedure Act, and direct negotiation between the parties or their lawyers counts, such as the proposal from step 1.
What if nobody knows where he is?
- Appointed partitioner. Article 1057 only requires the other interested parties to be summoned if their address is known.
- Representative for a missing person. Someone can be appointed to represent him in court or in matters that cannot wait without serious harm (article 181 of the Civil Code and article 69 of the Voluntary Jurisdiction Act).
- Declaration of absence. After a year with no news, if he left no one holding a power of attorney, he can be declared legally absent (article 183). His legal representative can then ask for the division on his behalf (article 1052).
- In court. He is summoned by public notice and the Public Prosecutor represents him (article 783 of the Civil Procedure Act).
Meanwhile, inheritance tax does not wait
You have six months from the date of death to file inheritance tax (article Doce Ter of Valencian Law 13/1997 and article 67 of the tax regulations). You can ask for a further six months, but only within the first five (article 68 of the regulations).
You don't need your brother to comply. Whoever files can do it only for the heirs he represents, and the Valencian Tax Agency (ATV) assesses only their share and contacts the others later (article 65 of the regulations).
In the Valencia region there is a strong reason not to wait. The 99% relief available to children, spouses and parents (groups I and II) applies to assets declared in a self-assessment filed on time, or late but before the tax office contacts you (article 12 bis of Law 13/1997). Filing late on your own also means a surcharge of 1% plus another 1% for each full month of delay (article 27 of the General Tax Act). More in inheritance tax in Valencia and, if the deadline has gone, what to do if you missed it.
Common mistakes
- Waiting for him to sign before filing the tax. The deadline runs for you, whether he signs or not.
- Assuming his silence means he refuses. After a notarial demand, it is exactly the opposite.
- Signing a division "among those of us who are here". Without him there is no agreed division.
If one heir lives in the flat or won't sell it, see my brother won't sell the inherited flat. And if the estate has been stuck for years, see an inheritance left undone for years.
When to get help
When two or three months have passed since the death and nobody has filed anything, when an heir won't answer or lives abroad, or when there are debts and you don't know whether to accept. A well-drafted demand and the tax filed on time save far more than getting started now costs.
Frequently asked questions
What can I do if one heir refuses to sign the inheritance?
Have a notary give him 30 calendar days to accept or refuse (article 1005 of the Spanish Civil Code) and, if he still won't sign, apply for an appointed partitioner with at least 50% of the estate (article 1057). Division by the court is the last resort.
If my brother doesn't reply, does that mean he refuses the inheritance?
No. If a notary formally asks him and he does not answer within 30 calendar days, he is deemed to accept outright (article 1005 of the Civil Code), which also makes him liable for the debts with his own assets.
Can the estate be divided without one heir's signature?
Yes. Heirs holding at least 50% can ask a notary or the court for an appointed partitioner. The division, once approved by the notary or the court officer, does not need everyone's signature.
Can we deal with the inheritance if we don't know where a brother is?
Yes. The partitioner only has to summon him if his address is known. A representative can also be appointed for him (article 181 of the Civil Code) or, after a year with no news, he can be declared legally absent (article 183).
Do I have to wait for him to sign before paying inheritance tax?
No. You can file your share within six months of the death, and the Valencian Tax Agency will assess only yours (article 65 of the tax regulations). Waiting can cost you the tax relief.