¿Como puedo saber si soy heredero? ¿Cómo sé que me han dejado algo en herencia? ¿Cómo saber si eres heredero de alguien?
Well, there are a lot of questions we sometimes ask ourselves: What if I'm an heir and I don't know it? Will they notify me if I am an heir and I am in a will?
Let's start with the important. They will not notify you that you are an heir or that you are in a will, unless the testator has left it in writing and it is an express request: Notify the designated persons. In some cases, the people designated as executors can carry out said actions, but in very few cases do notaries carry out the procedures, sometimes out of ignorance, since they do not know who the people or contacts are, other times out of precaution and prudence and others simply because it's not your job.
While the testator is alive, nobody knows the content of his will, only the notary who has witnessed said procedure and has valued it. It happens that on many occasions the deceased has spoken with his heirs and explains what he is going to do or if he is going to leave something for a person. For this reason, when he dies, the direct or indirect heirs get in touch with the people close to him. In any case, there are methods to know if you are an heir or not.
If any problem occurs, that is, a person very close to the deceased but with a very bad relationship with his family. The deceased has always told him that when he dies he will leave something to him as an inheritance. This person knows that the testator has died a few days ago and wants to know if he has really complied or not and knows that the family will not notify him. Thus, it is the case of a so-called “interested” in knowing the content.
What can I do if I am interested in knowing the content of the will?
I can obtain a copy of the will by going to the notary where the original is deposited.
Who is entitled to a copy of a will?
In general, the following have the right to obtain a copy:
• All the persons named in the will who are recognized with some right or power: heirs, administrators, executors, legatees...
• All the people who, if the will is null or do not exist, would be called in part or in full according to the succession rules of the place where the will is opened. (It is called being called, since you are not considered an heir until the inheritance is accepted.) Forced heirs, those who exist in intestate succession.
• Legitimate. Those persons, to whom a part of the assets or rights of the deceased person corresponds by law, the so-called legitimate (see article Computation of the legitimate)
It is difficult to know the content of a will, since it can be done in different ways: open, closed or holographic (see article TYPES OF WILLS).
In general, when someone decides to make a will, the original document remains in the possession of the notary where the process was carried out. The person who made the will keeps a copy of it that he keeps at home or can give it to a third person for safekeeping or distribution among those who he considers should have it. Photocopied copies not authorized by a notary are not valid. Any will copied and not validated by a notary will not be valid to claim any type of inheritance, nor will it grant any right.
Although to carry out the reading, we must go to the notary where they have the original.
When a person wants to access it, they must request a copy of it, however, it is not a document that anyone can access. We have already seen who will have access to it.
Steps to know if we have been named heirs or legatees.
1) Obtain a death certificate that is requested in the Civil Registry of the place of death. Depending on the locality in which it occurs, this request can be made online, through the electronic headquarters of the Ministry of Justice. It will be necessary to know the date on which the death occurred. Obtaining this certificate is free.
2) Obtain the Certificate of Last Wills, it can be requested electronically at the electronic headquarters of the Ministry of Justice. This certificate is not free and a fee of around 5 euros must be paid. To obtain this Certificate it is necessary to already have in our possession the previous Death Certificate. This certificate issued by the Last Will and Testament Registry will state whether or not the deceased had made a will, the date and the notary who signed it.
3) Finally you have to go to the notary and request a copy of the will. It is necessary to go with the two previous certificates and with the identity document. In almost all cases, the notary will ask what degree of kinship or relationship we had with the deceased. If the notary observes that we are not related in any way, nor do we appear in the will, nor is there anything linked to the deceased person that may give us the right to access this document, they will not give us a copy.
If you still have doubts, if you think you have the right to a will or if you have any questions, write to us, call us or contact us. At SOLOHERENCIAS we are here to help you and make all the procedures as easy as possible.
