How to process an inheritance without a will?

Unfortunately, it is very common for many people to pass away without having had the opportunity to make a will. In these cases, the division of the inheritance is somewhat more complex than normal and the heirs will be chosen through a legal procedure, where the interested parties must comply with a series of procedures and follow certain steps.

Who is entitled to request the Affidavit of Heirship?

First and foremost, it is important to determine who can request the Affidavit of Heirship, since not everyone can do it. Normally, the person must be a descendant, ascendant, spouse, common-law partner or collateral relative of the deceased person. In exceptional cases, the Affidavit of Heirship can also be requested if, in the notary’s opinion, the person has a legitimate interest in the inheritance.

Determining which notary is territorially competent for the processing of the procedure

Once the legitimacy of the affidavit is verified, we then must determine which notary is competent.

Basically the law sates that a notary within the notarial district where the deceased had their last habitual residence; where the deceased had most of their estate; or where they passed away, provided it is in Spain, are all competent to process the procedure. If within none of these locations, an operational notary office can be found, a notary of an adjoining notarial district can step in. Lastly, if none of the above exist or are posible, the jurisdiction of the heirs habitual residence could be considered competent.

Steps to follow

After determining the legitimacy of the heirs and knowing which notary office is competent for processing, the next steps to follow are:

1. Obtaining the necessary documentation

There are several documents that you must obtain in order to request the Affidavit of Heirship.
-DNI or registration certificate of the deceased person, in order to prove his/her last place of residence.

- Death certificate, which can be processed in person at the Civil Registry of the place of residence of the deceased or through the electronic headquarters of the Ministry of Justice.

- Certificate of Acts of Last Will, in order to demonstrate that the deceased has not made a will. It must be requested at least (15) fifteen days after their death. It must be requested from the Ministry of Justice, either in person or online. In order to request this certificate, you first must have the dear certificate in hand.

- Birth certificate of the children or, where appropriate, of the relatives of the deceased who have the right to inherit or, in the case of the spouse or de facto partner, marriage certificate or civil partnership constitution.

2. Go to the competent Notary

All of the above mentioned counts and certificates will need to be brought to the competent notary to initiate the “Acta de Notoriedad”. Said Act will identify the persons who are considered to have the right to inherit and allow for discussions. If one of the possible heirs are not present and the notary is unable to determine their identity or address, the Act will be published in the Spanish public bulletin called the BOE and will be displayed for a month.

3. Appearance of two witnesses

At least two witnesses of the deceased are required to appear before the notary in order to confirm the veracity of the alleged facts. Said witnesses may or may not be relatives of the deceased person, but must not under any circumstances have any interest in the inheritance.

4. Obtaining the Affidavit of Heirship and finalising the deed 

After (20) twenty business days have passed, if no exceptional circumstances occur, the notary will complete the process and carry out the corresponding protocol, declaring who will be the legal heirs and detailing what their rights will be in relation to inheritance.

We can take care of processing your inheritance

During these very difficult times, you should not have to worry about the numerous and exhausting steps of obtaining your inheritance. We will take care of everything.

The processing of the inheritance is not a simple procedure and a defective processing can lead to future lawsuits. In addition, on many occasions, unforeseen events may arise and a professional expert in the field is recommended. 

If you want us to handle the procedures for your inheritance, call us or send a WhatsApp +34610632963 or write to us at contact@nietojones.com.