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Division and award of an inheritance

Division and award of an inheritance is filed with Notaría competente del último domicilio del causante. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: from €384. Official tasa (government fee): No tasa (official fee) payable to any authority. The partition is taxed through each heir's Impuesto sobre Sucesiones (ISD, inheritance tax): a variable rate set by each comunidad autónoma (autonomous region), with allowances for Groups I-II. If it includes urban property, the plusvalía municipal (IIVTNU, municipal capital gains tax) also applies. If it is formalised in an escritura pública (public deed, mandatory in order to register property), the notarial arancel (scale fee) and that of the Registro de la Propiedad (Land Registry) are added, at your expense.

We handle the division and award of the estate assets among the co-heirs before a notary: we choose the competent notaría (notary's office), draft the cuaderno particional (partition schedule), grant the escritura (public deed), settle the taxes and register the assets at the Registro de la Propiedad (Land Registry). We identify the applicable method (partition made by the testator, testamentary contador-partidor (estate divider), contador-partidor dativo appointed by a notary, or unanimous partition by the heirs). We check the shares, the homogeneity of the lots (art. 1061 CC), indivisible assets with monetary compensation (art. 1062 CC), prior acceptance of the inheritance, the ISD (inheritance tax) filed within the deadline and the involvement of the Ministerio Fiscal (public prosecutor) when there are minors (art. 166 CC). If the heirs reach no agreement at all, the only way out is judicial division, which requires a procurador (court agent) and is not included in this service: we tell you so clearly and we work to make the agreement possible.

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Estimated total cost
from €384
Managora's fee
€361.79 (21% VAT incl.)
Tasa (official government fee)
No tasa (official fee) payable to any authority. The partition is taxed through each heir's Impuesto sobre Sucesiones (ISD, inheritance tax): a variable rate set by each comunidad autónoma (autonomous region), with allowances for Groups I-II. If it includes urban property, the plusvalía municipal (IIVTNU, municipal capital gains tax) also applies. If it is formalised in an escritura pública (public deed, mandatory in order to register property), the notarial arancel (scale fee) and that of the Registro de la Propiedad (Land Registry) are added, at your expense. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Notarial partition: 2-6 weeks after the agreement is reached. Contador-partidor dativo (estate divider appointed by the notary): 1-3 months. Deadline to rescind for lesion: 4 years (art. 1076 CC). Judicial division, where there is no agreement, requires a procurador (court agent) and is not included in this service.
Where it is filed
Notaría competente del último domicilio del causante ↗
What you receive
Application

Cost breakdown: Our fee 299 €. With real estate, notarial escritura (public deed, from around 60 €) and Registro de la Propiedad (Land Registry, from around 25 €). Separately: each heir's ISD (inheritance tax) and the plusvalía municipal (IIVTNU, municipal capital gains tax), both variable..

Division and award of an inheritance: how is it filed?

  1. 1Answer the chat questions (~15-20 minutes).
  2. 2We identify the applicable method and check the shares (they must add up to 100 %), the homogeneity of the lots and the compensations for indivisible assets.
  3. 3Payment of 299 €.
  4. 4Signature of the mandato (power of attorney) from your mobile.
  5. 5We coordinate with the notaría (notary's office) that we designate: drafting of the cuaderno particional (partition schedule), granting of the escritura (public deed), self-assessments (ISD if still pending, IIVTNU), registration at the Registro de la Propiedad (Land Registry) and change of ownership of bank accounts and vehicles.
  6. 6You receive the authorised copy of the escritura and the registry receipts.

Which documents do you need?

  • •Certificado literal de defunción (full death certificate) of the deceased.
  • •Will (authorised copy) or notarial acta de declaración de herederos (deed declaring the heirs).
  • •Escritura pública (public deed) or private document of acceptance of the inheritance from each heir.
  • •Valid DNI/NIE (Spanish national ID / foreigner ID number) of each heir (and of the legal representative, if there is one).
  • •Up-to-date notas simples (Land Registry extracts) of the deceased's properties.
  • •Appraisals / valuations of the assets (cadastral records, bank certificates).
  • •Proof of the ISD (inheritance tax) filed or of the extension requested.
  • •If there is a minor: judicial authorisation / consent of the Ministerio Fiscal (public prosecutor) where applicable (art. 166 CC).

Legal basis and things to bear in mind

  • The unanimous method (art. 1058 CC) is the most common route: all the heirs sign the cuaderno particional (partition schedule) before a notary.
  • Testamentary contador-partidor (estate divider) (art. 1057.1 CC): 1 year to carry out the partition from the acceptance.
  • Contador-partidor dativo (art. 1057.2 CC + Ley 15/2015): heirs and legatees representing >=50 % of the estate may ask the notary to make the appointment.
  • Judicial division (LEC 782-805): it is the only route when there is no agreement, it is heard by the Juzgado de 1ª Instancia (Court of First Instance) of the deceased's last domicile and requires a procurador (court agent), so it is NOT included in this service. This service covers the notarial partition; if we see that an agreement is not possible, we tell you before you spend any money.
  • Equality and homogeneity of the lots (art. 1061 CC): each heir receives assets of the same nature, quality or kind. Tolerance of ~5 % deviation.
  • Indivisible assets (art. 1062 CC): if the asset cannot be divided conveniently or loses much of its value when divided, it is awarded to a single heir with monetary compensation to the others. Typically: main home, family business, valuable vehicle.
  • Deadline to rescind for lesion (art. 1075-1077 CC): 4 years from the partition if the lesion exceeds 25 % of the value of the lot.
  • The escritura pública (public deed) form is mandatory if there is real estate (art. 14 LH + 1280.1 CC) or if there is a contador-partidor dativo. After the partition: registration at the Registro de la Propiedad, IIVTNU if there is urban property, change of ownership at the bank and at the DGT (traffic authority).
  • Estimated notarial cost: 400 € base + 0,1 % of the assets, charged as a suplido (disbursement) paid to the notary.

Division and award of an inheritance: frequently asked questions

Division and award of an inheritance: how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €384: Our fee 299 €. With real estate, notarial escritura (public deed, from around 60 €) and Registro de la Propiedad (Land Registry, from around 25 €). Separately: each heir's ISD (inheritance tax) and the plusvalía municipal (IIVTNU, municipal capital gains tax), both variable.. Managora's fee is €361.79, 21% VAT included (€299.00 net + €62.79 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No tasa (official fee) payable to any authority. The partition is taxed through each heir's Impuesto sobre Sucesiones (ISD, inheritance tax): a variable rate set by each comunidad autónoma (autonomous region), with allowances for Groups I-II. If it includes urban property, the plusvalía municipal (IIVTNU, municipal capital gains tax) also applies. If it is formalised in an escritura pública (public deed, mandatory in order to register property), the notarial arancel (scale fee) and that of the Registro de la Propiedad (Land Registry) are added, at your expense..

Division and award of an inheritance: how long does it take?

Notarial partition: 2-6 weeks after the agreement is reached. Contador-partidor dativo (estate divider appointed by the notary): 1-3 months. Deadline to rescind for lesion: 4 years (art. 1076 CC). Judicial division, where there is no agreement, requires a procurador (court agent) and is not included in this service.

Division and award of an inheritance: which documents do I need?

You need to have to hand: Certificado literal de defunción (full death certificate) of the deceased., Will (authorised copy) or notarial acta de declaración de herederos (deed declaring the heirs)., Escritura pública (public deed) or private document of acceptance of the inheritance from each heir., Valid DNI/NIE (Spanish national ID / foreigner ID number) of each heir (and of the legal representative, if there is one)., Up-to-date notas simples (Land Registry extracts) of the deceased's properties., Appraisals / valuations of the assets (cadastral records, bank certificates)., Proof of the ISD (inheritance tax) filed or of the extension requested., If there is a minor: judicial authorisation / consent of the Ministerio Fiscal (public prosecutor) where applicable (art. 166 CC).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Notaría competente del último domicilio del causante. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Notaría competente del último domicilio del causante ↗.

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