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Practical guide for completing census form 036

Inheritance in abeyance (E)

Documentation proving the existence of the vacant inheritance, the list of heirs and their participation percentages will be required.

  1. In the event of testamentary succession, the following must be provided:
    • Photocopy of the certificate issued by the General Registry of Last Will and Testament Acts.
    • Photocopy of the will (must match the one recorded in the General Registry of Last Will Acts).
    • To determine the heirs and their share of participation, the testator's wishes must be taken into account:
    • If the designation of heirs is made by their first and last names, a photocopy of the ID or other document proving identity must be provided.
    • If the designation of heirs is made in a generic manner (for example, son, grandson), a document proving that such circumstance occurs.
    • Document signed by all heirs indicating that the inheritance has not been accepted.
  2. In the event of intestate legal succession, the following must be provided:
    • Photocopy of the certificate issued by the General Registry of Last Will and Testament Acts.
    • When the only intestate heirs are descendants, ascendants or spouse of the deceased, the declaration of heirs will be obtained by means of a notoriety act. In the case of heirs other than those mentioned above, the declaration of heirs will be obtained through judicial means.
    • Document signed by all heirs indicating that the inheritance has not been accepted.

In any case, a photocopy of the NIF of the person who signs the census declaration must also be provided, and this must be one of the heirs, or their representative, in which case they must attach a photocopy of the document that accredits this.