What to Do If You Inherit Debts with the Inheritance? Practical Guide by GVC Lawyers (Murcia)

Receiving an inheritance does not always imply assets and money: there may also be loans, mortgages, guarantees, or tax debts. In Murcia, as in the rest of the common law territories, the heir's liability varies depending on how they accept or repudiate the inheritance.

From GVC Abogados (García Valcárcel & Cáceres), a law firm based in Murcia, we explain the legal options, critical deadlines, and step-by-step procedures to protect your assets. If you are looking for inheritance lawyers and family law attorneys in Murcia, this guide will help you make informed decisions.

Key ideas you should be clear about from the beginning

• If you accept the inheritance “pure and simple,” you are liable for debts with both the inherited assets and your own (art. 1003 of the *Código Civil* (Civil Code)).
• You can accept with the benefit of inventory: debts are paid only with the inherited assets, without affecting your personal estate (arts. 1010 et seq. of the *Código Civil* (Civil Code)).
• You can renounce (“repudiate”) the inheritance in a public deed before a notary if you are not interested in assuming the liabilities (art. 1008 of the *Código Civil* (Civil Code)).
• Pay attention to the notarial summons: if you are required to state your position, you have 30 days; if you do not respond, it may be considered accepted pure and simple (art. 1005 of the *Código Civil* (Civil Code)). Do not let this deadline pass.
• Avoid performing acts that imply tacit acceptance, such as disposing of inherited assets, paying inheritance debts with your own money, or selling the deceased's assets (arts. 999 and 1000 of the *Código Civil* (Civil Code)).

Your legal options in the face of an inheritance with debts

1) Accepting with the benefit of inventory

This is the most prudent option when there are doubts about the balance of assets and liabilities. It allows you to separate the inherited estate from your own, so that debts are paid solely with the inherited assets. Its typical effects (arts. 1010 et seq.) include:

• Limitation of liability: you are not liable with your personal estate beyond the value of the inherited assets.
• Preservation of the order of payment to creditors and legatees according to the inventory.
• Avoiding confusion of estates (do not mix the deceased's assets with your own).

Usual deadlines and formalities:

• Application before the competent notary (at the last domicile of the deceased or the location of the majority of the assets).
• If you are in possession of the deceased's assets, you must declare the benefit of inventory within 30 days from when you become aware of your status as heir, and initiate the formal inventory within that period (art. 1010 and concordant articles).
• After initiating the inventory, there is a deadline to conclude it (usually 60 days, extendable for just cause by the notary). If there are unknown creditors or legatees, summons and announcements are usually made.

Practical advice: this route allows you to buy time to determine if the net assets are positive and, if so, to continue with the partition with legal certainty. It is a highly recommended option by inheritance lawyers when there are doubts or significant debts.

2) Renounce the inheritance (repudiation)

If the liabilities clearly exceed the assets, renunciation prevents you from assuming the deceased's debts. Basic requirements and effects:

• It must be done in a public instrument before a notary (art. 1008 of the *Código Civil* (Civil Code)).
• It is irrevocable and cannot be partial, conditional, or time-limited (arts. 990 et seq.).
• If you repudiate to the detriment of your personal creditors, they could seek judicial authorization to accept it on your behalf until their credits are covered (art. 1001).

Practical advice: do not perform acts that imply tacit acceptance before renouncing. If you have already disposed of inherited assets or performed acts as an heir, you may have accepted tacitly.

3) Accept unconditionally

Use this option only when the balance is clearly positive and there are no hidden contingencies. It implies being liable for all inherited debts with the estate and, if this is insufficient, with your personal assets (art. 1003 of the *Código Civil* (Civil Code)).

Critical deadlines and common risks

Notarial summons (art. 1005 CC)

Any interested party (creditor, co-heir, legatee) can summon you before a notary to accept or repudiate. From the notification, you have 30 days to respond. If you do not, the law provides that the inheritance may be deemed accepted unconditionally. Do not let this deadline pass without advice.

Inventory benefit: indicative terms

• Declare it before a notary and open the inventory within 30 days if you are in possession of the deceased's assets.
• Complete the inventory within the notarial deadline (usually 60 days, extendable for justified cause).
• If you fail to meet deadlines or perform acts of disposal contrary to the preservation of the inventory, you may lose the benefit.

Acts that can "tie your hands" (tacit acceptance)

• Sell or donate inherited assets before formally accepting them.
• Withdraw money from the deceased's accounts for personal use.
• Pay inherited debts with your money without reserving the inventory benefit.

What to do step by step in Murcia if the inheritance includes debts

Step 1. Gather documentation

• Death certificate and certificate of last wills.
• Will (if any) or process the declaration of heirs ab intestate before a notary.
• List of assets: real estate (simple notes from the Registry), bank accounts and products (balance certificates), vehicles, shares, life insurance policies, pension plans.
• List of debts: mortgages, loans, credit cards, pending receipts, tax debts, liens, guarantees. Request a CIRBE report from the Bank of Spain if you suspect hidden financing.

Step 2. Avoid acts of tacit acceptance

Until you decide, do not dispose of the deceased's assets or mix funds. If you need to carry out urgent conservation acts (for example, repairing a serious leak), document its urgency and act with caution.

Step 3. Request acceptance with benefit of inventory

• Go to the competent notary (last residence of the deceased in Murcia or where most of the estate is located) and express acceptance with benefit of inventory.
• The notary will open the inventory, summon interested parties, and coordinate the verification of assets and liabilities.
• With the inventory closed, the orderly payment of debts will proceed from the estate.

Step 4. Consider renunciation if liabilities exceed assets

If the inventory or the information gathered indicates that the inheritance is clearly deficit, total renunciation in a public deed is the safest way to avoid assuming the deceased's debts.

Step 5. Plan payment to creditors and partition

• With benefit of inventory, creditors are paid from the estate following the legal order and existing guarantees.
• If there is a mortgage, the debt remains and the creditor can enforce if payments are not made; negotiation (grace period, novation, dation in payment) is possible depending on the case and value of the assets.
• Once the debts are settled, the partition among co-heirs is carried out and formalised in a deed.

Frequently Asked Questions

Are tax debts or social security debts inherited?

Yes, the tax obligations and other debts of the deceased are transmitted to the inheritance. Acceptance with benefit of inventory limits your liability to the inherited assets. In the case of pure and simple acceptance, you will also be liable with your personal assets.

What happens with guarantees?

If the deceased was a guarantor, the obligation may be incorporated into the liabilities of the inheritance. The benefit of inventory protects your personal assets against claims that exceed the value of the inheritance.

What if I have already withdrawn money from the deceased's account?

This could be considered tacit acceptance. Act immediately: document the transaction, avoid further disposals, and consult with inheritance lawyers to assess alternatives and risks.

Can I accept part and renounce the rest?

No. Acceptance or repudiation cannot be partial, conditional, or subject to a deadline according to the *Código Civil* (Civil Code).

What law applies in Murcia?

In Murcia, common civil law (*Derecho civil común*) applies. Some communities with their own *Derecho foral* (foral law) have specific rules; if there are ties to those territories, it is advisable to analyze the civil status of the deceased.

Why choose GVC Abogados if you inherit debts in Murcia

• Leading firm in Murcia in family law and inheritance, with a practical and prudent approach to protecting your assets.
• Experience in negotiating with creditors, notarial management of the inventory benefit, and payment planning.
• Close attention and feasibility analysis before each step, coordinating, when appropriate, experts and economists.
• Wide areas of practice: inheritances and successions, family law, real estate and commercial law, civil liability and insurance, medical negligence, immigration, administrative and criminal law.

If you are looking for inheritance lawyers or family law lawyers in Murcia to face an inheritance with debts, at GVC Abogados (García Valcárcel & Cáceres) we can help you decide between accepting the inventory benefit, renouncing, or negotiating with creditors, meeting deadlines and avoiding risks of tacit acceptance.

How we help you, step by step

• Document review and calculation of the asset/liability balance.
• Strategy design: inventory benefit, renunciation, or pure and simple acceptance with a payment plan.
• Notarial and registration procedures in Murcia and coordination with banks and creditors.
• Support until the partition and allocation of assets.

Contact GVC Abogados

García Valcárcel & Cáceres (GVC Abogados). Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. If you need urgent advice on inheritances with debts, contact us: an inheritance lawyer from our team will attend to you as a priority to preserve your rights and deadlines.

Final notice

This guide provides general information based on the *Código Civil* (arts. 990 et seq., 999, 1000, 1001, 1003, 1005, 1008, 1010 et seq.). Each case requires a specific analysis of documents, deadlines, and relationships with creditors. Before acting, consult with inheritance lawyers in Murcia for a personalised strategy.