Losing a loved one is one of the most difficult moments a family can go through. Having to deal with the probate process at such a time adds an overwhelming administrative and emotional burden. As your estate attorney in Málaga, Orozco y Asociados takes full control of the process. Our team of attorneys specializing in inheritance law handles all the necessary procedures to guarantee our clients’ rightful entitlements, ensuring that the deceased’s wishes are carried out with the utmost legal and tax rigor.
Avoid tax surcharges and bank account freezes.
The legal deadline for settling inheritance taxes is strict. Delegate the management of your estate to experts.
- • Technical advice and estate planning: 952 87 42 37
First legal steps: documentation and deadlines
To begin the estate administration and probate process, our attorneys’ first day of work focuses on obtaining the essential documentation. The general legal deadline for settling inheritance tax is six months from the date of death.
Our law firm handles the request for:
- Death certificate: Obtained from the Civil Registry.
- Certificate of last wills: A key document to confirm whether a will exists and before which notary it was executed.
- Insurance contracts certificate: To verify whether the deceased held life or accident insurance policies linked to bank accounts or credit cards.
Testate estates and intestate heirs
The procedural path varies significantly depending on the deceased’s prior planning:
- If a will exists: We request the certified copy from the corresponding notary. We respect the wording of the will and proceed with its opening and reading, always protecting the forced heirship rights of direct relatives and the surviving spouse’s usufruct.
- If no will exists: We process the notarial deed for the declaration of intestate heirs. Our professionals prepare the necessary documentation and witnesses so that the notary may determine who the legal heirs are under Civil Law.
The Partition Deed: inventory, valuation, and distribution
The most critical phase of estate and probate proceedings is the partition. An estate attorney from our team will draft the partition deed, the document governing the distribution of assets.
This technical document includes:
- Inventory: Exhaustive identification of all assets to be included in the estate (real property, vehicles, bank accounts, shares) and any outstanding debts.
- Valuation: Real-market appraisal of assets to optimize the tax burden.
- Settlement and Distribution: Precise allocation of each heir’s corresponding share. If all parties agree, we proceed to sign the notarial deeds of acceptance and distribution of the estate and register the properties with the Land Registry.
Protect your estate by avoiding family disputes and tax errors.
Our team takes full administrative control so you have nothing to worry about.
Inheritance Tax Settlement in Andalusia
Receiving assets and rights entails unavoidable tax obligations. Our tax advisory department handles the assessment and settlement of inheritance tax and municipal capital gains tax.
In the Autonomous Community of Andalusia, the Inheritance and Gift Tax currently offers reductions of up to 99% for spouses, descendants, and ascendants. Taking this legislation into account, we apply all current legal reductions to minimize the cost of inheritance as much as possible. We also handle estates and lifetime gifts to plan the assets of family businesses.
Complex situations: will contests and disinheritance
In countless cases, mutual agreement among all parties breaks down. As specialists in inheritance law, we take on litigation in complex situations:
- Judicial partition of the estate: If the heirs block the division, we initiate court proceedings, requesting the appointment of a court-appointed partition commissioner and appraisal experts.
- Will contests: We act when a will infringes on forced heirship rights, when there was coercion, or when the testator lacked mental capacity.
- Disinheritance: We advise on the strict legal requirements for disinheriting a forced heir, or we defend those who have been unjustly excluded.
- Renunciation of inheritance: If debts exceed assets, we structure the repudiation or acceptance with benefit of inventory to protect your personal property.
Orozco y Asociados: the leading estate law firm in Málaga
Resolving an estate often requires crossing into other areas of law. By choosing Orozco y Asociados, you are not only hiring an estate attorney in Málaga, but engaging a full-service legal firm.
Our law firm is backed by family law attorneys (to resolve community property settlements arising from divorces prior to the death), attorneys specializing in real estate law (to handle the termination of co-ownership and sale of inherited property), and criminal attorneys or employment attorneys when the estate involves companies and employees.
We offer our services in Málaga city, the Costa del Sol, and throughout Andalusia. With extensive experience spanning more than twenty years of advisory work, our law firm is the guarantee of a close, professional, and effective service.
Your legacy is our priority.
To resolve any questions and delegate the administrative burden of your estate, contacting our firm is the smartest step you can take. Trust the leading law firm to protect your future and that of your family.