Declaración de Herederos: Who Inherits in Spain When There Is No Will (2026)
When someone dies in Spain without a valid will, the heirs are fixed by law, but the law does not hand anyone a certificate. Before a bank releases an account or a property changes hands, someone must formally establish WHO the intestate heirs are. That document is the declaración de herederos abintestato, and since 2015 it is obtained before a notario, not a judge. This page explains who can request it, what it requires and how long it takes, and then the legal order it declares.
Information last verified on 23 July 2026. This page provides general legal information about Spanish law and does not constitute legal advice in an individual case.
What the declaración is for
Intestate succession applies not only when there is no will at all, but also when a will is void, names no heir for part of the estate, or the named heir cannot or will not inherit (art. 912 CC). In all those cases the estate passes to the people art. 913 CC calls to it: the deceased's relatives, the widow or widower, and, in the last resort, the State.
The declaración de herederos is the formal proof of who those people are. Banks, the Registro de la Propiedad and the tax office all ask for it before treating anyone as an heir without a will.
Who requests it, and before which notario
Art. 55 of the Ley del Notariado opens the acta to anyone who considers themselves entitled to inherit intestate and is a descendant, ascendant, spouse or partner in an analogous relationship of affectivity, or a collateral relative of the deceased. A common misconception survives from the pre-2015 rules: siblings, nephews and other collaterals no longer need a judicial declaration, because the Ley 15/2015 reform moved everyone to the notarial route.
The requester chooses among several competent notarios: one acting where the deceased had the last domicile or habitual residence, where most of the estate is located, or where the death occurred, provided these are in Spain, or a notario of an adjoining district. Failing all of those, the notario of the requester's own domicile is competent.
What the acta requires
Art. 56 of the Ley del Notariado sets the evidence. The request must identify the people the requester believes are called to the estate and document it, which in practice means:
- Death certificate and proof of identity of the deceased.
- Certificado del Registro General de Actos de Última Voluntad showing no will exists (or that the existing one fails).
- Civil-status certificates proving the family link: birth and marriage certificates from the Registro Civil.
The acta must also contain the declaration of two witnesses who confirm, from their own knowledge or by notoriety, the facts on which the declaration rests.
Then comes the statutory pause: the notario can only issue the closing judgment after 20 working days from the initial request, or from the end of the one-month objection window when a public notice had to be published (art. 56.3). If interested parties were summoned and two months pass with no rightful heir established, the file is referred to the State's Delegación de Economía y Hacienda (art. 56.4).
The order the law declares
The declaración applies the intestate order of the Código Civil (arts. 930 a 958):
- Children and descendants inherit first, in equal shares by their own right (arts. 930 y 932).
- Parents and ascendants inherit if there are no descendants, by equal halves between father and mother (arts. 935 y 936).
- The surviving spouse inherits everything if there are neither descendants nor ascendants (art. 944), and takes ahead of all collaterals. But a spouse who was legally or de facto separated at the death inherits nothing intestate (art. 945).
- Collaterals up to the fourth degree: siblings and children of siblings first (art. 946), then remaining collaterals; beyond the fourth degree the intestate right ends (art. 954).
- The State, in the last resort, which always takes a beneficio de inventario and liquidates the estate, applying two thirds of the value to social purposes (arts. 956 a 958).
Remember that the intestate shares coexist with the surviving spouse's usufruct as forced heir, one third when concurring with children and one half with ascendants, explained on the legítima page.
After the declaración
The declaración only says who inherits. The heirs still have to accept or renounce the inheritance (a renunciation must be made before a notario in a public deed, art. 1008 CC), divide the estate, and settle the inheritance tax within its deadline. Those steps, and the six-month tax clock, are covered in the Spain inheritance section. If a will exists after all, the process is different from the start, as the testamento page explains.
This page is general legal information about Spanish law and does not constitute legal advice in an individual case. The controlling texts are the current versions in the BOE.
Frequently Asked Questions
Who inherits in Spain if there is no will?
The Código Civil fixes the order: children and descendants first, in equal shares; then parents and ascendants; then the surviving spouse; then collateral relatives up to the fourth degree, with siblings and their children first; and finally the State. A spouse who was legally or de facto separated at the time of death inherits nothing intestate.
Do I need to go to court for a declaración de herederos?
No. Since the Ley 15/2015 reform, the declaración de herederos abintestato is processed entirely before a notario as an acta de notoriedad, including for siblings, nephews and other collateral relatives who previously needed the judicial route.
What documents do I need for a declaración de herederos?
In essence: the death certificate, the certificado de actos de última voluntad proving there is no valid will, and the Registro Civil certificates that document the family relationship. The acta also requires the declaration of two witnesses who confirm the facts.
How long does a declaración de herederos take?
The notario cannot issue the closing judgment until 20 working days have passed from the initial request, or from the end of the one-month objection period when a public notice was required. With document gathering, a straightforward case typically resolves in a few weeks to a few months.
Does my unmarried partner inherit if I die without a will?
The Ley del Notariado lets a partner in a relationship analogous to marriage REQUEST the declaración de herederos, but the Código Civil's intestate order names the spouse, not the unmarried partner, so in the common regime an unmarried partner does not inherit intestate. Some foral laws treat registered partners differently, which is one more reason to make a will.