Asesores declaración de herederos en Granada: OYA Abogados & Asesores

La muerte de un familiar provoca además del dolor de la pérdida, muchas incertidumbres legales relacionadas con el testamento y la herencia del fallecido. Hoy hablamos de la declaración de herederos en aquellos casos en los que el fallecido no dejó testamento.


 

 

Declaración de herederos sin testamento

¿Qué deben hacer los familiares de un fallecido que no hizo testamento?

En estos casos los familiares deben obtener la declaración de herederos abintestato, para poder proceder a la partición de la herencia.

La realización de la declaración de Herederos se ha simplificado bastante desde que en julio de 2015 entrara en vigor de la Ley de Jurisdicción Voluntaria. Tras esta modificación, los herederos colaterales pueden acudir a un notario para tramitar y recibir la herencia, sin necesidad de acudir al juzgado.

¿Quién debe solicitar una Declaración de Herederos?

Puede solicitar la declaración cualquier persona que tenga un interés legítimo sobre la herencia de la persona fallecida.

¿Cómo se solicita la Declaración de herederos?

La solicitud se tramitará en acta de notoriedad autorizada por Notario competente para actuar en el lugar en que hubiera tenido el causante su último domicilio o residencia habitual, o donde estuviere la mayor parte de su patrimonio, o en el lugar en que hubiera fallecido, siempre que estuvieran en España, a elección del solicitante.

A la solicitud deberán acudir dos testigos que no sean familia para que el notario pueda levantar acta declarando la condición de heredero.

 

Declaración herederos: documentación

¿Qué documentación se deberá presentar para la declaración de heredero o herederos?

Para que el notario pueda realizar la declaración de herederos, será necesario que se acompañe la siguiente documentación:

  • El certificado de defunción.
  • El certificado que acredite que no existe testamento. Este certificado lo expide el Registro General de Actos de Ultima Voluntad.
  • Documento Nacional de Identidad del fallecido o certificado de empadronamiento.
  • Certificados de nacimiento y/o defunción de los descendientes del fallecido.
  • Certificado de matrimonio.

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Medidas para reducir el gasto de las herencias

¿De qué factores depende la cuota a pagar del impuesto sobre sucesiones y donaciones?

¿Qué sucede si no haces testamento?

¿Por qué  existen diferencias en la liquidación del Impuesto sobre Sucesiones y Donaciones (ISD) dependiendo de la Comunidad Autónoma del causante?

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