PROCESSING OF DEEDS
A procedure is each of the steps and procedures that must be followed in a matter until its conclusion.
These are of various kinds. Citizens have to carry out procedures on a permanent basis to function in an organized society.
Processing of Deeds.
The deed is a set of documents that accredits a person as the legal owner of some property, their obligations and rights.
It serves to formalize the purchase and sale of a home or other type of property, an exchange, mortgage, mortgage cancellation, donations, inheritances, testaments, among others.
The Declaration of Heirs is the legal procedure by which the persons entitled to inherit are determined when a person dies without a testament.
This procedure is also known as the Declaration of Heirs Abintestacy and is not done to distribute the assets, but to designate who is called to inherit.
The succession can take place according to the manifestation of the will of the deceased or following what is established in the legislation.
The legal regulations will apply when the deceased has died without a will or when, having left one, it is null or invalid.
A Donation is a voluntary transfer of something (money, movable property, immovable property, etc.) that a person (donor) makes in favor of another (donee) without receiving any compensation in return.
The Donation must be accepted by the donee, otherwise the change of ownership will not take place.
Movable property can be donated in writing or verbally, but immovable property must be donated in a public deed.
Future property cannot be donated, only those that are already owned.
Donations are in principle irrevocable, there is no option to cancel. However, there are exceptions.
A Nota Simple (also known as Nota Simple Informativa or Nota Simple Registral) is a document that contains information related to a home: its identification, ownership, its rights, extension, nature and limitations, its charges and its liens.
It is a necessary document if you want to buy a house or ask for a mortgage.
The Nota Simple is a legal document linked to a notary registration and issued by the Property Registry.
Although it is purely informative and has no legal validity, it is a very useful document when purchasing a home as it will help us get an idea of its current state for legal purposes.
The Registration of the sale of a property in the Registry is a completely voluntary procedure, although highly recommended.
The parties involved in a deed of sale are: the seller, the buyer, the notary, the property registrar and the lawyer.
In Spain, the contract of sale must be documented in the form of a Public Deed to have legal effect.
In addition to the legal aspects, the deed of sale must contain the relevant information about the property. The final document must be signed by both parties and sealed by the notary.
Once the deed is prepared, it will be necessary to present it to the Property Registry so that the sale is registered and has legal effect.
A Testament is a legal act, very personal, revocable and free, by which a capable person stipulates who will be the person or persons (family member or a third party) who will be able to dispose of all his/her assets at the time of his/her death (the method of distribution, the amount or proportion that each of them will receive, the conditions and methods, etc.).
It can be changed as many times as necessary; if during his/her life he/she made several testaments, the last of them will be the one that will comply with his/her will and therefore, the only valid one.
When processing an Inheritance, after the death of a family member, one of the documents that is needed is the Certificate of Last Wills.
The Registry of Last Wills is where testaments are registered, in order to guarantee knowledge of their existence, once the people who granted them have died or during their lifetime by the grantors themselves. It helps the relatives of a deceased person to know whether or not there was a will by the deceased and in which notary office.
In addition, it can include life or accident insurance policies that the deceased had, if the request for the certificate of insurance contracts for coverage in the event of death is added to the application.
