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Managing inheritances where the deceased left no will, determining the legal heirs
The law determines the heirs in cases of inheritances without last will or testament. This process, known as intestate succession, requires an heirship declaration and compliance with the relevant legal requirements.
The first step is to obtain a declaration of heirs, which can be processed before a notary when the persons called to inherit are descendants, ascendants, or the spouse. In other cases, court proceedings are required.
The law establishes an order of priority: first descendants, then ascendants, then the surviving spouse, and finally collateral relatives. The rules vary depending on the applicable civil law (Spanish Civil Code, Balearic law, Catalan law, etc.).
The surviving spouse has legally recognised inheritance rights, which vary depending on the applicable law and whether they inherit alongside other heirs.
We advise you on your specific rights.
