by Josep Maria Reichardt 
Can a will be opened without all the heirs being there?
When a family member dies, it is advisable to put the legal procedures in the hands of inheritance lawyers in Malaga to avoid conflicts between heirs.
It is not necessary that all the heirs be present, in fact a will can be opened without all the heirs being there. The opening of the will can be carried out by a judge or by a notary. However, it is important to note that the heirs have the right to receive notice and to be present during the opening of the will if they wish. It is advisable to consult with Expert inheritance lawyers in Malaga to learn the details and specific requirements of each probate situation.
It is important to note that notification requirements may vary depending on the legislation and the specific situation. Therefore, it is advisable to consult with a lawyer specializing in probate or probate law to ensure that the notification is made in accordance with the law and guarantees the protection of the rights of the heirs.
The notification to the heirs for the opening of a will must be done in a reliable manner and exhausting all resources to make it reach all the heirs so that they have the opportunity to attend and assert their rights even if a will can be opened without all the heirs being there it is advisable that everyone who wants to attend to avoid possible challenges, some notification methods are:
- By registered letter, burofax or telegram.
- Publication in a newspaper advertisement: An advertisement in a newspaper informing the heirs of the opening of the will.
- Personal notification: A personal notification made by the same notary, by an official or by a private messenger.
Steps to open a will:
The steps that must be taken when the death occurs to designate the heirs are to obtain:
- a death certificate from the Civil Registry,
- a certificate from the General Registry of Last Will Acts that certifies whether there is a will or that there is no will,
It may interest you: How much does it cost to make a will.
In the event that there is no will, the heirs are those designated by Law, for this it is necessary to certify:
- 1º if the deceased had children or other descendants,
- 2nd if he had parents or other ancestors, otherwise
- 3rd if he was married, otherwise
- 4th if he had brothers or nephews
Next, an inventory of the assets and debts of the deceased must be made, that is, the set of assets that are the object of the inheritance that is called "hereditary estate". The estate consists of all assets, rights and obligations that correspond to the deceased person at the time of his death and that are subject to succession.
The estate may include real estate, furniture (car, paintings,...), checking and savings accounts, investments, life insurance, intellectual property, stocks and bonds, and other financial assets. The distribution of the estate among the heirs depends on the succession legislation applicable in the corresponding jurisdiction.
It is important to note that debts and obligations may also appear in the estate, so it is necessary to carry out a complete inventory of all assets and debts before the distribution of the inheritance. If the value of the debts exceeds that of the assets, the inheritance can be accepted "for the benefit of inventory".
Frequently asked questions about Open Will
It must be opened after the death of the testator, in the presence of a notary.
It varies by local law, but generally there is no strict deadline.
Yes, if it is believed to be invalid or was created under duress.
A death certificate and personal identification are required.
Heirs, legatees and sometimes a notary must be present.
