While receiving an inheritance can be a good thing, it can also cause heirs to find themselves entangled in a bureaucratic web full of headaches and decisions to make. In this article, we explain how to register heirs and what to do if you inherit debts.
In cases where there is more than one heir, it is advisable to register the heirs, which is a document that indicates who the heirs are and what rights each one has, as well as allowing them to then register the inherited assets in their name.
It is also important to note that heirs have up to three months after the death to report this situation to the tax authorities, under penalty of a fine.
The head of the family is the person responsible for administering the inheritance until it is divided, and is usually the spouse of the deceased or, if there is no spouse, the closest legal heir, namely the couple's eldest child.
Let's take a look at how to go about a simplified procedure for certifying heirs, step by step.
3 Steps to carry out the qualification of heirs:
1 – Declare the death
Within 48 hours of the death, it is necessary to register the death, which is carried out by the doctor who confirms the death. This certificate is free of charge, is sent directly to the IRN (National Registry Institute) via the Internet, and identifies the person who died, the date, place, and time.
This registration will allow the heirs to obtain a death certificate from a Civil Registry Office, a Citizen's Bureau, or an IRN Registry Office.
Find out more: How much does a funeral cost in Portugal?
2 – Find out if there is a will
After reporting the death, you should check whether the deceased left a will. To do so, you must go to the Central Registry Office.
If there is no will, it is up to the heirs to gather documents with information about the estate, such as bank statements or deeds, for example.
3 – Draw up the deed of qualification of heirs
At a Notary Office or an Inheritance Desk of the Institute of Registration and Notary Affairs (see here for a list of these desks throughout the country), the head of the family must draw up the deed of qualification of heirs. If there is a will, this document will indicate who the heirs are. If there is no will, the law will apply directly.
To draw up the deed of inheritance, a set of documents is required, which varies depending on whether this is done at a Notary Office or an Inheritance Desk.
If you go to a Notary Office, you will need the following documentation:
• Death certificate of the deceased;
• Documents proving legitimate succession (for example: if the deceased was married, the spouse heir must have the marriage certificate. Similarly, all heirs must present their birth certificates);
• Certificate of the contents of the will (if there is a will) or the deed of donation by death (if applicable);
• If there is a will, a document proving payment of Stamp Duty is also required, if this has not been paid at the Notary Office.
If you do this at an Inheritance Desk, you will need:
• Identification documents for all heirs;
• Their respective taxpayer numbers;
• A list of all the assets that belonged to the deceased;
• An indication of how the distribution agreement was made.
Once the application for the deed of inheritance has been made, it usually takes seven to 10 business days to be processed.
How much does an inheritance cost?
At an Inheritance Desk, the cost is €150. However, if it is a certificate of inheritance with registration of assets, the cost increases to €375. If this process is carried out at a Notary Office, the price differs and usually ranges between €140 and €200.
To accept or refuse the inheritance? That is the question
First of all, it is important to note that the acceptance or refusal of an inheritance is irrevocable. Once you have made your decision, you cannot go back.
Secondly, it should also be mentioned that heirs cannot accept only part of the inheritance and reject the rest – in other words, if there are assets to be inherited, but also debts, the latter are also inherited and must be paid off by the heirs who accept the inheritance.
Source: comparaja.pt
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