A declaration of heirs<\/strong> \u2014also known as a declaration of intestate heirs\u2014 is the procedure used to officially determine who is entitled to inherit from a person who has died without a will<\/strong>, or whose will is null, invalid or ineffective. It is an essential preliminary step before the inheritance can be accepted and distributed.<\/p>\n <\/p>\n <\/p>\n A declaration of heirs is required when intestate succession<\/strong> applies under Articles 912 and following of the Spanish Civil Code. This mainly occurs when:<\/p>\n <\/p>\n Since the reform introduced by the Voluntary Jurisdiction Act \u2014Law 15\/2015\u2014 the declaration of heirs is processed before a notary<\/strong> through a notarial deed of notoriety<\/strong>, regulated in Articles 55 and 56 of the Notarial Act. Judicial intervention is no longer necessary in these cases.<\/p>\n It may be requested by those who consider themselves entitled to the inheritance<\/strong>: descendants, ascendants, the spouse or partner, and collateral relatives up to the fourth degree. As a general rule, the competent notary is the one corresponding to the deceased person\u2019s last domicile or habitual residence.<\/p>\n <\/p>\n To initiate the notarial deed, the following documents are usually required, among others:<\/p>\n In addition, two witnesses<\/strong> who know the family must appear and testify about the deceased person\u2019s personal and family circumstances.<\/p>\n <\/p>\n The Spanish Civil Code establishes the order of succession: first, descendants (Article 930); in their absence, ascendants (Article 935); then the surviving spouse (Article 944); next, collateral relatives up to the fourth degree (Articles 946 and following); and, finally, the State or the relevant Autonomous Community (Article 956).<\/p>\n <\/p>\nContents<\/h2>\n
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When is it necessary?<\/h2>\n
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Who can request it and before whom?<\/h2>\n
Necessary documentation<\/h2>\n
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Order of intestate heirs<\/h2>\n