Inheritances in Bizkaia: frequently asked questions about procedures, tax obligations, and notary matters

The handling of an inheritance in Bizkaia often raises numerous practical questions, especially in the initial moments following a death. Beyond the personal impact, heirs must comply with a series of formal obligations before the Foral Tax Authority and, in some cases, go to a notary to complete the succession process.

Below, we answer some of the most frequently asked questions that arise in daily practice.

What happens if I am the commissioner of an inheritance in Bizkaia?

When a person has been appointed as commissioner of an inheritance, they must complete certain procedures before the Foral Tax Authority.

In general, they must submit Form 650 as a declaration, including the inventory of all the deceased’s assets and rights, within one year from the date of death.

Subsequently, once the testamentary power is exercised and the assets are distributed, a new Form 650 must be submitted, which in this case will have the nature of a self-assessment.

What happens if a person dies without a will?

When there is no will, it is necessary to determine who the heirs are through a declaration of heirs.

This document is processed before a notary through a notarial act of notoriety, requested by the relatives entitled to the inheritance according to the legal order of succession.

Is it mandatory to go to a notary to process an inheritance?

Not necessarily. For tax purposes, the main obligation is to submit the Inheritance Tax return using Form 650 to the Bizkaia Foral Tax Authority.

However, it will be necessary to go to a notary in cases where the deceased did not make a will, as the corresponding declaration of heirs must be formalized through a notarial act of notoriety.

Is it mandatory to formalize the inheritance before a notary within the first year?

No. What must be submitted within one year from the date of death is Form 650 for Inheritance Tax, including the list of the deceased’s assets and rights.

The notarial formalization of the inheritance distribution is not always mandatory within that period, although it may be required depending on the type of assets or their subsequent registration.

 

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Can an inheritance be processed if there is only one heir?

Yes. When there is a single heir, it is not mandatory to execute a public deed of acceptance of the inheritance.

In these cases, a document with a signature certified by a notary or registrar may be submitted, together with Form 650, allowing the registration of the assets in the Land Registry where applicable.

Is it mandatory to execute a public deed to allocate movable assets?

Not necessarily. When the inheritance includes only movable assets, a private document may be used for their allocation, provided that the corresponding tax obligations are fulfilled.

What happens if there is no agreement among the heirs?

The lack of agreement among heirs does not generally prevent the submission of the Inheritance Tax return.

In such cases, one of the heirs may file it, including all the deceased’s assets and rights, and stating that they are acting solely on their own behalf.

How does the renunciation of an inheritance work?

The renunciation of an inheritance must be formalized in a public deed. If the renunciation is pure and simple, the renouncing party is not considered an heir in Form 650.

If the renunciation is made in favor of another person, it may have different tax implications and, in certain cases, may be considered a gift subject to Gift Tax, except in legally established exceptions.

Do you need help with an inheritance in Bizkaia?

The handling of an inheritance in the Basque Country and in Bizkaia combines tax obligations, notarial procedures, and legal decisions that must be analyzed on a case-by-case basis.

Correctly identifying each situation is key to avoiding errors in tax filing and in the subsequent allocation of assets.

At Adlanter, we offer a specialized inheritance management service in Bilbao and surrounding areas, supporting families throughout the entire process: from document collection and the filing of Inheritance Tax to the allocation of assets.