Frequent Questions

1 – What are the first steps to follow after the death of a family member?

Before making any management call us, we are professionals in the matter and we will advise you of all the steps to follow; The procedures that are carried out without consultation with professionals can have unintended consequences.

The first thing that is needed is to obtain the medical certificate of death, for which it is very important to have the National Identity Document of the deceased person.

Contact our funeral home and we will take care of the first steps. Afterwards you will have to decide other important questions, as if you want to realize burial or incineration. The funeral staff will explain all the options.

2 – Is there a legal term for burial or cremation?

Upon the death, burial or cremation of a corpse may not take place before twenty-four hours or after forty-eight, except in the case of chilled or frozen corpses; Or that they will be embalmed or conserved transitorily. In cases where the autopsy has previously been performed or organs for transplantation have been obtained, the burial or cremation of the corpse may be authorized within 24 hours.

3 – What is incineration or cremation?

Cremation or Incineration is the reduction to ashes of a corpse or cadaveric rest by the application of heat in an oxidizing medium. It is a process of approximately 3 hours by which the body (or its remains) is reduced to ashes by means of the heat. The resulting ashes are placed in an urn and delivered to relatives and friends.

4 – What is a death certificate?

The death certificate is issued by the Civil Registry of the place of death; Is the document that certifies the decease, place, date and other data of filiation of the deceased. It is necessary to start the process of inheritance, to apply for pensions, to drop out of agencies, etc.

5 – What is a certificate of last will?

It is the document that certifies whether the deceased granted or not will. If he had done so we will indicate the date and notary where he performed it. If he had granted several wills, they will appear on the certificate, being able to obtain a copy of the last will, unless it refers to a previous one. Copies of the will can be requested from the notary to those persons who have an interest in the inheritance (such interest is determined by the notary custodian of the will).

This certificate can be requested from the 15 working days of the death, to register of act of last will dependent on the Ministry of Justice

6 – What economic benefits can the relatives of the deceased apply for?

The economic benefits that can be requested depend on the situation of the deceased (active, retired, low …) and are requested to the appropriate body depending on their status of discharge (Social Security, Passive classes, Muface, etc.).

There are some. The main ones: Widows, orphans (for those under 25 or older disabled) and pension or allowance for family members. Depending on the personal circumstances of the applicant you can request one or the other.

7 – What procedures must be carried out to make an inheritance?

The procedures depend on whether the deceased did or not the will and the assets that he had at his death.

If the deceased did not make a will, a declaration of heirs (notary for relatives in a straight line or judicial for collaterals) must be made to determine the legal heirs. Documentation proving the family relationship, marital status and other circumstances of the deceased and his possible heirs will be required. In addition, 2 witnesses (not direct relatives) are required to prove the alleged circumstances (death, marital status, children, residence, etc.)

Once the declaration of heirs or obtained the copy of the will is necessary to make a public or private document of distribution of the inheritance, with the inventory of the goods. The possibilities of distribution are many, when there is agreement between the heirs. If there were no judicial proceedings to carry out the inheritance partition.

8 – What taxes must be paid?

Mainly 2:

1. The inheritance tax before the Board of Autonomy of residence of the deceased (there are exceptions), or if they are heirs residing abroad before the Tax Agency.
   Each Autonomous Community or the state agency establishes different bonuses and deductions depending on the degree of kinship of the heirs with the deceased. There are also other deductions for personal circumstances or inherited property.
   
2. The land value increase tax (known as surplus value), is a municipal tax (not all municipalities have it established) that taxes the increase in the value of the land of inherited urban assets. It is calculated on the basis of IBI (contribution). The amount depends on the property and its situation, fixed by the value of the land and the number of years that the deceased had possession of the property.