Inheritance blocked by one heir in Málaga: how to make them sign

Why a single heir can block everything

In Spain the division of an estate requires, as a general rule, the agreement of all the heirs. It is enough for one of them not to accept, not to appear or to refuse to sign the deed for everyone else to be stuck. It makes no difference that their share may be the smallest.

The reasons vary: family disputes, an heir living abroad who does not respond, someone who believes that renouncing will shield them from debts, or simply someone using the deadlock as leverage for a better deal.

First step: the notarial demand (interpellatio in iure)

Since article 1005 of the Civil Code was reformed by the Voluntary Jurisdiction Act of 2015, any interested party can ask a notary to serve a formal demand on the silent heir. The notary informs them that they have thirty calendar days to accept or renounce the inheritance.

If they do not reply within that period, the law deems the inheritance accepted outright. It is a quick and relatively inexpensive tool, and in many cases it is enough to make the heir react, because silence stops being an option.

What the demand cannot do is force them to sign the division. It solves "I will not answer", but not "I do not agree with the split".

Second step: judicial division of the estate

When the heir accepts but there is no agreement on how to divide, or when they simply refuse any solution, the route is the judicial division procedure under articles 782 and following of the Civil Procedure Act.

Any heir can start it before the Court of First Instance of the place where the deceased died. In summary, the procedure has these stages:

• An inventory of the estate's assets and debts, with all interested parties summoned.
• Appointment of a partitioner (and, where needed, experts to value the assets) who draws up a proposed division.
• The proposal is served on the heirs. If nobody objects, it is approved. If someone objects, a hearing is held and the judge decides.

It takes longer than the notarial demand, but it has one great advantage: it ends with a court-approved division that can be registered at the Land Registry without the signature of the heir who was blocking it.

What happens with taxes in the meantime

Inheritance Tax must be filed within six months of the death (extendable by another six if requested within the first five months). An heir blocking the division does not stop that clock: each heir can and must file their own return for their share, even if the division has not been made. The same applies to the municipal capital gains tax (plusvalía).

In Andalusia the Inheritance Tax relief for spouses, descendants and ascendants is very generous, but the obligation to file remains.

And if the heir actually wants to sell their share

Sometimes the deadlock is solved differently: an heir can sell or assign their share of the estate to another co-heir or to a third party, even before the division. In that case the other co-heirs have a right of pre-emption. It is worth considering when what lies behind the conflict is really a need for cash.

How to prepare before coming to the office

• Death certificate and certificate of last wills.
• A copy of the will, if there is one, or the declaration of heirs.
• Title deeds of any property, bank statements and any list of assets and debts.
• Any communications with the blocking heir (emails, messages, registered letters).

With that, a first meeting is enough to assess which route is appropriate, how long it may take and what it will cost.