ManagoraMANAGORA
ESEN

Renouncing (repudiating) an inheritance

Renouncing (repudiating) an inheritance is filed with Notario español (escritura pública de repudiación). 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 €160. Official tasa (government fee): Around 90 € in notary fees (it varies with the deed)

We handle the repudiation of an inheritance before a notary (arts. 988-1009 CC, the Spanish Civil Code). We check that there has been no prior tacit acceptance (any act as an heir already bars the renunciation, art. 999 CC), that the person renouncing has capacity (minors and people lacking capacity need court authorisation, art. 994), that the renunciation does not harm the personal creditors of the person renouncing (the rescissory action of art. 1001), and we explain why renouncing IN FAVOUR OF a specific person triggers a double charge to ISD (inheritance and gift tax). The renunciation is total, undivided, unconditional and IRREVOCABLE (art. 997).

Start this procedure →See all procedures
Estimated total cost
from €160
Managora's fee
€121.00 (21% VAT incl.)
Tasa (official government fee)
Around 90 € in notary fees (it varies with the deed) (suplido: paid to the authority on your behalf, no VAT)
Processing time
There is no general statutory deadline. If there is an interpellatio in iure (art. 1005 CC): 30 days from the notarial demand.
Where it is filed
Notario español (escritura pública de repudiación) ↗
What you receive
Application

Cost breakdown: Our fee 100 € + the notary from around 60 €. The notary's fee varies with the deed; minors or people lacking capacity require separate court authorisation..

Renouncing (repudiating) an inheritance: how is it filed?

  1. 1Answer the questions in the chat (around 10 minutes).
  2. 2We check capacity, the absence of any prior tacit acceptance, the interpellatio deadline, your exposure to a rescissory action by creditors and the tax consequences.
  3. 3Payment of our fee of 100 € + around 90 € in notary fees.
  4. 4Signature of the mandato (mandate) from your mobile.
  5. 5We draft the minuta (the draft deed) for the notary and the proof of notification to the next persons in line.
  6. 6If there is a risk (creditors, a suspicion of hidden assets), we propose alternatives: acceptance with the benefit of inventory, or renegotiation.
  7. 7Notary appointment and attendance to grant the public deed of repudiation (art. 1008 CC).
  8. 8Notification to the next persons in line (descendants, siblings, the State).
  9. 9Notification to the relevant bodies (banks, the Registro de la Propiedad [Land Registry], the gestoría [administrative agency]) to remove any reference to the person renouncing.

Which documents do you need?

  • •DNI / NIE of the person renouncing.
  • •Death certificate of the deceased.
  • •Certificado de últimas voluntades (certificate of last wills).
  • •An authentic copy of the will if there is one, or the notarial acta declaring the intestate heirs.
  • •An approximate inventory of the assets and debts (indicative, not sworn).
  • •If the person renouncing is a minor or lacks capacity: the court order authorising the renunciation (art. 271 CC).

Legal basis and things to bear in mind

  • Framework: arts. 988-1009 CC (the section on the acceptance and repudiation of an inheritance) + art. 28 LISD (the Inheritance and Gift Tax Act).
  • IRREVOCABILITY (art. 997 CC): once renounced it CANNOT be reversed, even if assets later come to light or circumstances change.
  • Compulsory form (art. 1008 CC): a public or authentic (notarial) instrument, or in writing before the Juzgado de Primera Instancia (Court of First Instance) of the deceased's last domicile.
  • Total and undivided (art. 990 CC): you cannot renounce only part of the inheritance, nor attach conditions.
  • Tacit acceptance (art. 999 CC): any act that only an heir could perform (collecting money, selling, paying debts with estate assets) amounts to acceptance and already bars the renunciation.
  • Capacity (arts. 992-996 CC): minors and people whose capacity has been modified by a court need court authorisation. Spouses under the sociedad de gananciales (community of property) regime need consent if the renunciation amounts to a disposal for value.
  • Rescissory action (art. 1001 CC): if the renunciation harms the personal creditors of the person renouncing, they can ask the court to accept the inheritance IN THE NAME OF THE PERSON RENOUNCING up to the amount of their claims.
  • Interpellatio in iure (art. 1005 CC): any interested party can ask a notary to serve a demand on the heir. There is a 30-day deadline to accept or repudiate; silence is treated as PURE AND SIMPLE ACCEPTANCE.
  • ISD (art. 28 LISD): a pure and simple renunciation is NOT taxable for the person renouncing; the next persons in line are taxed on their share. A renunciation IN FAVOUR OF a specific person is treated as acceptance + gift: BOTH are taxed (a double ISD charge).
  • Ius transmissionis (art. 1006 CC): if the person called to inherit dies without having accepted or repudiated, the right passes to their own heirs.
  • A common alternative: acceptance with the benefit of inventory (arts. 1010-1034 CC). You keep the assets but are only liable for the debts up to the value inherited. Useful if you suspect hidden debts.

Renouncing (repudiating) an inheritance: frequently asked questions

Renouncing (repudiating) an inheritance: how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €160: Our fee 100 € + the notary from around 60 €. The notary's fee varies with the deed; minors or people lacking capacity require separate court authorisation.. Managora's fee is €121.00, 21% VAT included (€100.00 net + €21.00 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: Around 90 € in notary fees (it varies with the deed).

Renouncing (repudiating) an inheritance: how long does it take?

There is no general statutory deadline. If there is an interpellatio in iure (art. 1005 CC): 30 days from the notarial demand.

Renouncing (repudiating) an inheritance: which documents do I need?

You need to have to hand: DNI / NIE of the person renouncing., Death certificate of the deceased., Certificado de últimas voluntades (certificate of last wills)., An authentic copy of the will if there is one, or the notarial acta declaring the intestate heirs., An approximate inventory of the assets and debts (indicative, not sworn)., If the person renouncing is a minor or lacks capacity: the court order authorising the renunciation (art. 271 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 Notario español (escritura pública de repudiación). 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: Notario español (escritura pública de repudiación) ↗.

Shall we get started with «Renouncing (repudiating) an inheritance»?

We file it for you, from start to finish.

Start now →