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Declaration of Heirs Act

It is the document that certifies who or which are the heirs of a person who has died.

(without a will)

  • D.N.I. of the person who promotes the act that has to be a descendant, ascendant or spouse of the deceased (it is enough that it is a single person for the act, although for the inheritance they will have to sign all the declared heirs); otherwise the declaration of heirs has to be judicial.
  • Death certificate
  • Certificate of last will and testament
  • Literal certificate of marriage of the deceased if married
  • Literal birth certificates of the children
  • Family book
  • D.N.I. or certificate of registration of the deceased to verify the last address
  • 2 witnesses who knew the deceased

Powers of attorney

It allows a person or company to appoint another as their representative to act on their behalf.

  • GENERAL: Proxy’s ID card, information on the proxy’s name, marital status, address and ID card if known with certainty
  • FOR LITIGATIONS: Information about the proxy, if it is a society, power of attorney or appointment, name of lawyers and attorneys and the School to which they belong
  • OF COMMERCIAL COMPANY: powers of attorney of the representative, data of the proxy and powers to confer.

Purchase and sale of real estate

The notary will advise on all the steps that have to be taken to acquire a house with the maximum guarantees.

  • Original of the seller’s title
  • ID cards of buyers and sellers. If they are companies, an authorized copy of the corresponding powers of attorney or of the appointment of the representative
  • Certificate that you are up to date with the payment of community fees.
  • Certificate of energy efficiency.
  • Last receipt of the I.B.I. and descriptive and graphic cadastral certification (the latter can be obtained from the Notary)
  • The Cadastral Reference of the property must be provided
  • Non-resident foreigners need N.I.E., so that the purchase and sale can be registered in the Land Registry

Marriage settlements

They are a contract by which the rules governing the economic relationship of the marriage are determined.

  • If you are unmarried and are going to get married: D.N.I. of the two contracting parties place and date in which they intend to get married.
  • If you are married and you are going to make a liquidation of the community of property: DNI of both, family book, titles of the goods that are going to be liquidated, scheme of values and distributions

Constitution of companies

It is the act in which the founding partners proceed to sign the deed of incorporation before a notary.

  • DNI constituent partners, in the case of companies, powers of attorney of their representative
  • Certification of current name (2 months from date of issue)
  • Bank certification of income of the paid-in capital in force (2 months from the date of issue) / of no monetary contribution, property titles and valuation of the contributions.
  • Articles of Association

Testamentary succession

It is that which is deferred by the will of man manifested in a will, that is, the act by which a person disposes of all or part of his property after his death

(acceptance of heirs)

  • Death certificate, last will and insurance certificate of death coverage.
  • Authorized copy of the will
  • Heirs’ details
  • Titles certifying the ownership of the goods:
  • I.B.I. in case of real estate
  • Certificates and bank statements in securities, current accounts, etc.

Wills

  • Testator’s D.N.I.
  • Complete filiation including date and place of birth, names of parents and if living, marital status, and if applicable, name and surname of spouse, and names of children

Purchase and sale of holdings or shares in commercial companies

  • Seller’s title
  • ID card of buyers and sellers and, if applicable, powers of attorney of the company or position of the representative
  • Statutes of the company issuing the shares or holdings

Advance Directives (Living Will)

  • D.N.I. testator