What does it consist of?
A declaration of intestate heirs is a legal document that establishes who the heirs of a deceased person are. This document takes the place of a will to determine, according to the law, who has the right to inherit.
Its effectiveness is not immediate, so if someone believes they have a right to inherit, they must go to a notary's office to prove it. After 20 business days without a claim, the notary will issue the declaration, and the inheritance can be granted if accepted.
To formalize it, you must go to a notary located in the town of the deceased's habitual residence, the place where they died, where the majority of their assets are located, or to a notary in the town of the person requesting the declaration.
Order of succession if there is no will
Children and descendants.
Parents and ascendants.
Spouse.
Siblings and nephews/nieces.
Other relatives (up to the fourth degree of consanguinity).
Required Documentation
National Identity Document (DNI) or passport of the applicant.
National Identity Document (DNI) of the deceased.
Two witnesses over the age of 18.
Full Death Certificate: This is generally provided by the funeral home. If not, you can go to the Civil Registry or request it on the Ministry of Justice website.
Certificate of Last Will and Testament: This must be presented so that the notary is aware that the deceased did not leave a will.
Marriage Certificate, if the deceased was married.
Family Book of the deceased, or if this is not possible, the birth certificate of each of their children.
In what situations can this service be used?
When a person dies without having made a will, or if they did, but the will has been declared invalid. This can occur if: the heir was not of sound mind when making the will, the will was made under duress or fraud, or the legal formalities were not observed during its execution.
It can also occur when a person has been named as an heir and has since died.