for certificate of positions
Below, you will find the steps you need to follow and the documentation you need at each stage in order to process your inheritance.
The first step in processing an inheritance is to notify the bank of the death and request the position certificate at the date of death.
This document accredits the ownership and balances of the products that the deceased had at Banco Santander and is necessary to settle the Inheritance and Gift Tax.
Before going to the bank, along with the ID of the heirs, you must also gather the following documentation:
In person: at the Civil Registry where the deceased is registered, with the ID of the person requesting the certificate.
By postal mail: by sending an email to the Civil Registry, clearly indicating the name and postal address to which the certificate is to be sent and stating the following information in your request:
Online: through the official website of the Ministry of Justice.
In person: at the Central Citizen's Advice Office (Oficina Central de Atención al Ciudadano) (Calle Bolsa,8) if the request is being made within the Autonomous Community of Madrid, or at any Territorial Division of the Ministry of Justice for all other Autonomous Communities.
By postal mail: by sending your request to the following address: Registro General de Actos de Última Voluntad, Ministerio de Justicia, Plaza Jacinto Benavente 3, 28012 Madrid.
Online: through the official website of the Ministry of Justice where all the information is available for consultation.
How is it done?
The settlement of the inheritance tax is a prerequisite for the disposal of the deceased's assets. In this settlement, you must include all the deceased's products that appear in the Certificate of Positions previously provided by Banco Santander (except pension plans). As a result of this settlement, the heirs will either pay the inheritance tax or obtain the corresponding declaration of exemption or prescription of the inheritance tax.
How is it done?
The deadline for paying the tax is 6 months from the date of death to the tax authority of the Autonomous Community in which the deceased had their last residence. If the deceased and/or the heir did not have their principal place of residence in Spain, the settlement will be made at the State Tax Agency (Agencia Tributaria Estatal).
You have the certificate of positions and have paid inheritance tax. The next step is to make arrangements for execution of the inheritance on a form that will be supplied to you by the bank.
With this form, the person concerned identifies the deceased individual and provides contact details so that Banco Santander can contact them if necessary. You can go here to download the form.
How is it done?
At any Banco Santander branch, providing the necessary documentation.
If the deceased had taken out pension plans, life or accident insurance, other forms must be filled in and submitted along with additional documents.
In order to carry out the distribution, Banco Santander verifies the documents provided by the heir and proceeds to:
How is it done?
Do you have doubts?
We put at your disposal our heir orientation service. Call us at
Monday to Thursday: 9 a.m. to 7 p.m. and Friday: 9 a.m. to 5 p.m. (except holidays).
For more information, you can also go to our offices.
This is a mandatory document issued by the Ministry of Justice, accrediting whether a person has made a will and the notary public that drew it up.
For a person who has not made a will, the “acta de notoriedad” is a notarised document naming the heirs.
This can be done via a public document (drawn up by a notary public) or in a private document signed by all the heirs. Their signatures must be acknowledged by the bank or authenticated before a notary public.
Yes, it is possible to use the assets held by the deceased at the bank to pay the taxes. In order to do so, death and inheritance rights must be proved and all the heirs must issue instructions to this effect.
This procedure may be carried out by anyone with a legitimate interest in the estate, who must prove this status by providing a death certificate, certificate of last will and testament or declaration of heirs signed before a notary public.
Appendix 5 must be signed by all the heirs: Document terminating joint heirship.
According to applicable tax law, usufruct is valued using the following formula:
89 – age of the usufructuary
The result obtained will be the percentage of the usufruct value.
Meanwhile, bare ownership is assessed with the following formula:
100 – usufruct value
The result obtained will be the percentage of the value of bare ownership.
Example: if the usufructuary is 60 years old, the usufruct value is 89-60 = 29. The usufruct value is 29% of the balance under full ownership. And the value of bare ownership will be 100-29 = 71. In other words, the party with bare ownership will be awarded 71% of the balance under full ownership.
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