Guides · 2026
Refusing an inheritance in Spain or accepting it with benefit of inventory
Inheriting is not always good news: if the deceased had debts, a plain acceptance can make you liable with your own assets. You have three options under Spanish law. Here is how they differ and when each one makes sense.
The three options
- Plain acceptance: you inherit assets and debts; if debts exceed assets, you are liable with your own assets too
- Acceptance with benefit of inventory: debts are only paid with what is in the estate; your own assets are protected
- Refusal: you inherit nothing, neither assets nor debts, and pay no inheritance tax
Benefit of inventory
Useful when you are not sure whether debts exceed assets. It is done before a notary, with an inventory and notice to creditors, and it has short deadlines. Debts are paid first with the estate; whatever is left goes to the heirs.
Refusing
Refusal is made before a notary, covers the whole inheritance and cannot be undone. Your share passes to other heirs under the will or the law. Refusing «in favour of» a specific person is treated as accepting and then gifting, with two taxes to pay.
Costly mistakes
- Using the deceased's money or selling their assets before deciding: it can count as acceptance
- Letting time pass: a creditor can ask a notary to force you to decide within 30 days, and silence counts as acceptance
- Forgetting tax debts of the deceased, which are part of the estate
FAQ
Can I refuse the inheritance but keep the house?
No. Refusal covers the whole inheritance. If you want to keep an asset and there are debts, benefit of inventory is the option to study.
Can I refuse from abroad?
Yes, with a power of attorney signed in your country or before a Spanish consulate. We coordinate the notarial deed in Spain.
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