Some years ago we taught you how to sell a deceased’s car. And, however sad, people die and leave goods in their name. If the deceased has specified in his will to whom the vehicle Lega there is no major problem. The winner has to put the car in his name (for this he can serve you y, from there, use or sell it (eye, that you will pay taxes for the income of the inheritance).
What if the car owner has not done a will? Then, the descendants are the heirs in equal parts, “without prejudice to the legitimate rights that correspond to their spouse.” If there was no partner or descendants, they would be the most direct relatives (brothers, cousins …). Touch then make a Declaration of heirs before a notary, thanks to which the status of legatees is acquired and the percentage in which it will be distributed (the notary respects the agreements between the relatives and seeks to do so equitably).
In those inheritance acceptance deeds All the goods of the deceased become of the heirs, who are the new holders. In the case of more than one heir, the corresponding part is inherited, together with the other beneficiaries.
Surely you have many doubts, as well as know more in detail the procedures and efforts to be carried out. We will try to answer the most common below:
What if there is no agreement between the heirs?
After accepting the inheritance, the most common is that the partition of goods is made without problems, after calculating the total value. The appraised vehicle would go to one of the descendants. But what if it is a vehicle of great value, for example, and an agreement is not reached?
In that case, since the winner is not defined, in the 90 days following death, the person who has the Provisional custody You must communicate it to the Traffic Headquarters. You need the same vehicle -owned change form, pay a rate and present the ID and death certificate. Also a document that provides the possession of the car, circulation permit and the technical card of the car. In the Traffic Circulation Permit he will indicate: «In possession, until its hereditary award of (name and surname of the holder)».
It can also happen that among the heirs some want to sell their part of the car and others not. When the situation is blocked in this way, the Court can be requested from the Judicial saleto which any of the heirs cannot be opposed. At this point, it is better to have the advice of a lawyer.
What procedures must be done?
We are going to review everything you will need. These are the general procedures:
- Death certificate: The heirs have to ask for it in the Civil Registry. It is free.
- Certificate of acts of last will: After 15 business days of death. Also in civil records, in the Ministry of Justice … or online. They will request the death certificate and a rate (at the moment, € 3.54).
- Will: If it exists, the notary who registered it will have to deliver a copy. If not, carrying the death certificate, it must also be written before a notary, the declaration of heirs we explained before.
- Inheritance tax: Hacienda claims a percentage of the total inherited.
And these specific ones if you correspond to you in inheritance, to change its ownership in the traffic leadership. You must request the transmission of the vehicle within the 90 -day period following the date indicated in the document that accredits you as a winner.
- Death certificate
- DNI of the deceased (or compulsified photocopy).
- Declaration of heirs (or the will, if there were
- Car documentation
- JUSTIFICATOR OF LIQUIDATION OF THE PAYMENT OF THE SUCCESSION TAX.
With your ID and paying the vehicle’s ownership rate, you can already put it in your name. Remember that in the City Council you will have to pay the municipal circulation tax. From there you can do what you want with the car.
What taxes are paid when inheriting a car?
There is no fixed amount, since the inheritance tax varies depending on the autonomous community in which it is resided (these can deductions and the types established by the state in a subsidiary manner).
In general, the tax base on which the tax is applied will be equivalent to the value of inherited goods and you must take into account that the greater the degree of kinship, the less you will pay (you pay less if the car was your father than if It was from your uncle, so that we understand each other).
What happens if you don’t want the car in inheritance?
In the same way you accept an inheritance, you can repudiate it. But be careful, that these acts are irrevocable and cannot be partial or submit to any kind to accept or reject it.
