When a person dies without having made a valid will, the law determines who their heirs are.
This procedure is called intestate succession or inheritance without a will.
It does not mean that the assets are lost or immediately pass to the State:
the law provides a clear order of heirs and establishes the necessary procedures to distribute the estate.
Who inherits if there is no will?
It depends on whether the Spanish Civil Code or the Civil Code of Catalonia applies.
Here is a summary:
Order under the Civil Code (Spain)
- Children and descendants
- Parents and ascendants
- Surviving spouse
- Siblings and nephews/nieces
- Relatives up to the fourth degree
- The State (only if there are no relatives at all)
Particularities of Catalonia
In Catalonia, the Catalan Civil Code has different rules, for example:
- descendants inherit first,
- if there are no descendants, the spouse or stable partner inherits,
- ascendants are moved to a later order,
- there are specific figures such as the universal usufruct of the surviving spouse.
Therefore, if the deceased was a resident of Catalonia, it is essential to apply Catalan law.
Necessary procedures for an inheritance without a will
These are the steps to follow:
1. Obtain the death certificate
It is requested from the Civil Registry of the place of death.
2. Request the certificate of last will
It confirms whether or not a will exists.
It can be requested 15 business days after death.
3. Declaration of intestate heirs (abintestato)
Since there is no will, the interested party must go to a notary to determine who the legal heirs are.
Documents required include:
- ID card of the deceased,
- family record book,
- birth certificates,
- two witnesses to attest to the relationship and family situation.
4. Inventory of assets, debts, and rights
Before distributing anything, it is essential to know what exists and what debts there are.
In some cases, it is advisable to accept the inheritance under benefit of inventory.
5. Acceptance and distribution of the inheritance
Once the heirs are determined, the deed of acceptance and distribution is signed before a notary.
6. Payment of Inheritance Tax
It must be filed within 6 months, although an extension of another 6 months can be requested.
In Catalonia, there are significant reductions for children and spouses.
7. Registration in the Property Registry
If there are real estate properties, they must be registered in the name of the heirs.
Practical example
A person dies without a will, leaving:
- a house,
- a bank account,
- a personal loan,
- two children.
In this case:
- the children are the legal heirs,
- they must process the declaration of heirs,
- pay the Inheritance Tax,
- and distribute the assets (or sell them if they wish).
Frequently Asked Questions (FAQ)
Is it mandatory to go to a notary if there is no will?
Yes. The notary must declare who the heirs are.
Can the State take the inheritance?
Only if there is no relative within the fourth degree.
What if there are debts?
You can accept the inheritance under benefit of inventory or renounce it.
Do heirs pay taxes even if they do not accept the inheritance?
If they renounce it, they do not pay Inheritance Tax.
Professional CTA
Managing an inheritance without a will can be complex, especially if there are multiple heirs or debts.
As a lawyer specializing in inheritances in Barcelona, I help you:
- process the declaration of heirs,
- manage the inventory,
- advise you on taxes,
- avoid family conflicts,
- and finalize the process correctly.
Write to me and we will review your case with complete clarity.