“Nothing gets divided without my signature” is what the sibling blocking an estate usually says, and article 1051 of the Spanish Civil Code says otherwise, because no co-heir can be forced to remain in joint ownership of an estate unless the deceased expressly prohibited division. The refusal delays the division but does not prevent it. The law provides routes to divide without that signature, first before a notary and, if needed, in court, and which one fits depends on whether that sibling has accepted the estate, what share those who want to divide hold between them, and whether the deceased had Galician civil status.
I am Ana María Reza Cortiñas, member no. 6064 of the A Coruña Bar Association and managing partner of the civil practice at Perseus & RC Abogados. In these cases I act for heirs who want to close the estate and also for the sibling on the other side, who sometimes has good reason not to sign a division that ignores their forced share or forgets what another sibling received during the parents’ lifetime. Our wider work is on the inheritance page.
If your sibling has neither accepted nor renounced
When a sibling does not reply, the first step is notarial. Any interested party can ask a notary to tell them they have thirty calendar days to accept, accept with benefit of inventory or renounce, with the warning that silence counts as outright acceptance. If they stay silent, they become an heir with all the consequences, including liability for the deceased’s debts. If they renounce, their share goes to whoever the will or the law designates. A sibling living abroad is notified through international channels that add time, as explained in heirs living abroad.
If they accepted but will not sign the division
Accepting does not oblige anyone to sign the division the others propose. Where there is no will, the will appointed no estate divider (contador-partidor) or the post is vacant, heirs and legatees holding at least half of the estate can ask a notary, or the court’s legal officer, to appoint one, with notice to the others. The divider makes the inventory, values and divides, and the result needs approval by the notary or officer unless every heir confirms it.
If the deceased had Galician civil status, Law 2/2006 adds its own route. Heirs holding more than half of the estate, provided there are at least two of them, can start the division before a notary, who notifies the rest. Each heir may propose up to three dividers and the notary draws one by lot from at least five candidates, no earlier than thirty working days after the last notice and sixty after the first request. Where the shares allow equal lots, the lots are drawn before the notary, and otherwise the divider’s plan needs approval from heirs holding three quarters of the estate.
When only the court is left
If the majority cannot be reached, or the sibling disputes more than the division, such as a gift they deny or the value of the assets, any co-heir can apply for court division of the estate. In A Coruña the former first instance courts are now the civil sections of the Tribunal de Instancia, the new unified local court. The court calls the heirs to agree on a divider and valuers and, failing agreement, appoints them by lot from lawyers with expertise in the field. Since April 2025 you must first have tried to negotiate with your sibling, as explained on the civil law page. If the division was already done and the flat was left in joint names, the issue is co-ownership, covered in dividing an inherited flat between siblings.
While the estate is stuck
The deadlock does not stop the tax clock. Inheritance tax is filed within six months of the death, and each heir is liable for what they receive even if someone else causes the delay. Do not use the deceased’s accounts, sell assets or change the locks on a flat the blocking sibling lives in. If the forced share is in play, see the Galician forced share page.
Where we are
Rúa Torreiro 13, 3.º C, 15001 A Coruña, Spain. Phone +34 677 841 007. If you live outside A Coruña or outside Spain, we handle the matter by video call, in English.
Related reading
- Dividing an inherited flat in Spain between siblings when there is no agreement
- An heir lives outside Spain and the Spanish inheritance is stuck
- Inheriting debts in Spain, benefit of inventory or renouncing
- Heir or legatee, what changes
Frequently asked questions
My brother does not reply. Can I force him to accept or renounce the inheritance?
You can make his silence count. At the request of any interested party, a notary tells him he has thirty calendar days to accept, accept with benefit of inventory or renounce, and if he does not answer the estate is treated as accepted outright. From then on he is an heir for all purposes and the division can go ahead by the routes that do not need his signature.
There are four of us and two want to divide the estate. Is that enough?
With equal shares, the two of you hold half of the estate, which is what the Civil Code requires to ask a notary to appoint an estate divider (contador-partidor dativo). It is not enough for the Galician majority procedure, which requires more than half. If a third sibling joins, both routes are open.
Who pays the estate divider and the other costs of division?
Costs incurred in the common interest of all the heirs are deducted from the estate before division, and costs that only benefit one heir are paid by that heir. It is worth knowing the cost of the divider and valuers before applying, because in a small estate it can weigh on the decision.
Do we have to try to negotiate before asking the court to divide the estate?
Yes. Since 3 April 2025 a civil claim is only admitted if an appropriate dispute resolution method was tried first, and court division of an estate is not among the exceptions. Mediation, conciliation, a binding offer or negotiation between lawyers all count, provided they deal with the same matter later taken to court.
What if we do not know where one of the heirs lives?
The estate is not blocked for ever. In the Galician majority procedure, the notary gives notice by public announcements in the provincial gazette, at the town hall and in a newspaper, and the absent heir's portion is administered by the widowed parent or, failing that, a representative under the Galician rules on absence. In court division, the Public Prosecutor represents absent heirs whose whereabouts are unknown.
Can my brother stop the notarial division by going to court himself?
In the Galician majority procedure, yes, if before the thirty working days for proposing dividers expire he gives the other heirs formal notice that court division has been requested. The division then continues in court. If that period passes without such notice, the notarial division goes ahead with full effect.