What is the causante?
In Spanish succession law, the causante is the deceased person whose estate — assets, rights and also debts — passes to their heirs or legatees. They are the central figure of every inheritance: their death is what sets the whole succession process in motion.
When the causante has left a will, they are also called the testator.
Contents
- Why “causante”?
- What role do they play in the inheritance?
- Causante vs causahabiente: are they the same?
- What documents are needed after their death?
- Related links
- Legal sources
Why “causante”?
Because they are the person who “gives cause” to the succession: without their death there is no estate to distribute. In classical legal language they are also called de cuius, short for the Latin phrase is de cuius hereditate agitur (“the person whose inheritance is at issue”).
What role do they play in the inheritance?
The death of the causante has immediate effects. Article 657 of the Spanish Civil Code provides that succession rights are transferred from the moment of death. The succession opens at that very instant, although those called to inherit only become heirs once they accept the inheritance (Article 988).
If the causante left a valid will, their wishes govern the distribution, subject to the forced share of the forced heirs. If not, the estate is distributed under the rules of intestate succession.
Causante vs causahabiente: are they the same?
No — they are two sides of the same coin:
- The causante is the person who transfers the estate: the deceased.
- The causahabiente (successor) is the person who receives it, either as an heir (universal title) or as a legatee (specific assets).
What documents are needed after their death?
To start the inheritance process you must prove the death and find out whether a will exists. The basic documents are:
- The death certificate.
- The certificate of last wills (certificado de últimas voluntades), which states whether the deceased made a will and before which notary.
From there, the succession title is identified (will or declaration of heirs) and the estate left to the successors is determined.