What does it consist of?
An intestate succession declaration 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 the right to inherit, they must go to the notary to prove it. After 20 business days without a claim, the notarial judgment will be issued, and the inheritance may be granted if accepted.
To formalize it, you must go to a Notary located in the locality of the deceased's habitual residence, the place where they died, where the majority of their assets are located, or to a Notary at the domicile of the person requesting the declaration.
Order of succession if there is no will
Children and descendants.
Parents and ascendants.
Spouse.
Brothers and nephews/nieces.
Rest of relatives (up to fourth degree of kinship).
Required Documentation
Applicant's DNI or passport.
Deceased's DNI.
Two adult witnesses.
Literal Certificate of Death: usually 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 Wills: must be presented so that the notary is aware that the deceased did not make a will.
Marriage Certificate, if the deceased was married.
Deceased's Family Book, and if not possible, the birth certificate of each of their children can be presented.
In what situations can this service be used?
When a person dies without having made a will, or having made one that is declared null. The latter can occur if: the heir was not mentally capable when making the will, the will was granted due to violence or fraud, or the legal formalities were not observed during its granting.
When a person who has also died has been named as an heir.