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

• Applicant's ID card or passport.

• Deceased's ID card.

• 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 make a will.

• Marriage Certificate, if the deceased was married.

• Family Book of the deceased, and if this is not possible, you can present 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 make a will that has been declared invalid. The latter 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 in its execution.

• When the heir has been named as an heir who has also died.