The term intestate<\/strong>, from the Latin ab intestato<\/em>, literally means \u201cwithout a will\u201d. In succession law, it is used to refer to intestate succession<\/strong>, that is, the form of inheritance established by law when a person dies without having made a valid will.<\/p>\n In these cases, there is no testamentary intention determining how the estate should be distributed. For this reason, it is the Spanish Civil Code that establishes who is entitled to inherit and in what order they are called to the estate.<\/p>\n <\/p>\n <\/p>\n Intestate succession<\/strong> takes place when there is no valid will or when the will cannot produce effects over the whole estate.<\/p>\n The Spanish Civil Code provides, among others, the following situations:<\/p>\n Therefore, there may be a fully intestate succession or a mixed succession, where part of the estate is distributed according to the will and another part according to the law.<\/p>\n <\/p>\n When a person dies without a valid will, the law establishes an order of persons called to inherit. This order does not depend on the wishes of the family members, but on the legal rules of kinship.<\/p>\n As a general rule, the order established by the Spanish Civil Code is as follows:<\/p>\n This order may be affected by rights of representation, special rules or, in some territories, by regional or special civil law.<\/p>\n <\/p>\n To officially prove who the heirs are in an inheritance without a will<\/strong>, it is usually necessary to process a declaration of heirs<\/strong>.<\/p>\n This procedure identifies the persons called to inherit according to the law and is necessary for them to accept the inheritance, settle taxes and allocate the assets.<\/p>\n As a general rule, the declaration of heirs is processed through a notarial deed of notoriety when the persons entitled to inherit are relatives of the deceased. Documents such as the death certificate, the certificate of last wills, the family record book or Civil Registry certificates are submitted during the procedure, among others.<\/p>\n <\/p>\n Testate<\/strong> succession is succession where there is a valid will and the estate is distributed according to the wishes expressed by the deceased, always within the legal limits, such as the forced heirship rights of forced heirs<\/strong>.<\/p>\n By contrast, intestate<\/strong> succession opens when there is no valid will, or when the will does not cover all assets or cannot produce effects. In that case, the law replaces the deceased\u2019s will and determines who inherits.<\/p>\n For this reason, making a will is usually the most effective way to avoid uncertainty, simplify succession procedures and prevent the distribution of the estate from depending exclusively on the legal rules.<\/p>\n <\/p>\n <\/p>\n <\/p>\nContents<\/h2>\n
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When intestate succession opens<\/h2>\n
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Order of persons called to inherit<\/h2>\n
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How it is determined who inherits<\/h2>\n
Difference between testate and intestate succession<\/h2>\n
Related links<\/h2>\n
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Legal sources and related resources<\/h2>\n
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