What to do when you’re an heir but there’s no will

Receiving an inheritance often raises questions and paperwork, but when the deceased did not leave a will, the process can become even more confusing. In these situations, the law provides a specific procedure to determine who the legal heirs are and how the estate should be distributed.

Below, we explain step by step what to do when you are an heir but there is no will in Spain. (Only steps 3 and 4 differ from when there is a will)

1. Request the death certificate

The first step is always the same: obtain the death certificate from the Civil Registry Office corresponding to the place where the person passed away.

This document legally certifies the death and is essential to begin any inheritance-related process.

2. Request the Certificate of Last Wills

After 15 business days from the date of death, you must request the Certificate from the General Registry of Last Wills, available through the Ministry of Justice or its online portal.

This certificate indicates whether the deceased made a will and, if so, before which notary. If the result shows that no will was registered, you’ll need to begin a procedure known as a “declaration of intestate heirs” (declaración de herederos abintestato).

3. Process the declaration of intestate heirs

The declaration of heirs is a notarial (or in some cases judicial) procedure that determines who the legal heirs are when the deceased left no will.

Where it’s processed

At the notary office in the place of the deceased’s last residence.
If the person had no fixed residence, it can be done where most of their assets are located.
In some cases (for example, if the deceased was not Spanish or lived abroad), the procedure is handled before a judge.

Required documentation

Death certificate.
Certificate of Last Wills (showing that no will exists).
ID of the deceased and the potential heirs.
Family book or documents proving the family relationship.
Certificate of residence (empadronamiento) of the deceased.
Testimony of two witnesses (not close relatives), confirming their knowledge of the deceased and their family.

Time frame

Once all documents are submitted, the notary opens an official file and publishes it for 20 business days.

If no objections arise, at the end of that period, the notary issues the Act of Declaration of Heirs, which legally identifies the rightful heirs.

4. Who inherits when there’s no will?

The Spanish Civil Code sets out a clear order of priority for determining heirs when there is no will:

Children and descendants (grandchildren, great-grandchildren).
Parents and ascendants, if there are no descendants.
The surviving spouse, if there are no descendants or ascendants.
Siblings and nephews/nieces, if there’s no spouse, parents or children.
Other relatives up to the fourth grade (uncles, cousins).
If there are no legal heirs, the State inherits the assets.

5. Make an inventory of assets and debts

Once the Act of Declaration of Heirs has been issued, the next step is to prepare a detailed inventory of all assets, rights and debts of the deceased:

Real estate (homes, land, commercial properties).
Bank accounts, deposits and securities.
Vehicles.
Insurance policies, pensions or compensations.
Debts, loans or other outstanding obligations.

This inventory is essential to determine the total value of the estate and to calculate the applicable taxes before distribution.

6. Pay the Inheritance and Gift Tax

Heirs have a six-month deadline from the date of death to file and pay the Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones).

This period can be extended by an additional six months if the extension is requested before the original deadline expires.

The amount of tax depends on the region (autonomous community) where the deceased lived and on the degree of kinship with the heirs.

7. Accept the inheritance and distribute the assets

After paying the taxes, the heirs must sign before a notary the Deed of Acceptance and Distribution of Inheritance, in which the estate is officially divided.

Keep in mind that an inheritance must be accepted as a whole — you cannot accept only part of it. If there is uncertainty about possible debts, it is advisable to accept the inheritance “with benefit of inventory”, which limits the heir’s liability only to the value of the inherited assets. (This was explained in the previous article)

8. Register the assets in the heirs’ names

Once the deed of distribution has been signed, the final step is to update ownership records:

Real estate → at the Land Registry.
Vehicles → at the Spanish Traffic Authority (DGT).
Bank accounts and securities → at the corresponding financial institutions.

9. Final recommendations

Proceed carefully and with professional advice. Although the process can seem complex, a notary or lawyer specialized in inheritance law can guide you and prevent mistakes.
Keep track of tax deadlines, especially the six-month period for the Inheritance Tax.
If there are several heirs, it’s best to act jointly and cooperatively to simplify procedures and avoid disputes.

In summary

When someone passes away without leaving a will, their relatives must process a declaration of intestate heirs, which establishes who has the right to inherit.

From there, the process continues like any other inheritance: preparing an inventory, paying taxes and signing the official distribution deed before a notary. Although it may take longer, Spanish law ensures that the deceased’s assets are distributed fairly and in accordance with the family order established by law.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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