Inheritance without a will in Spain: how it is divided and what procedures are needed

Contents

• Introduction
• What is intestate succession and when it applies
• Order of heirs in intestate succession
• Rights of the surviving spouse
• Step-by-step procedures for an inheritance without a will
• Differences by autonomous community
• Frequently asked questions
• Summary

Introduction

We understand that managing an inheritance is a task few people wish to face, much less in the midst of grieving the loss of a loved one. If the deceased did not leave a will, the situation can create additional uncertainty: who inherits? How are the assets divided? What procedures must be followed? These are legitimate questions that affect more families than you might imagine -- it is estimated that around 60% of Spaniards die without having made a will.

This guide is designed to offer you clarity at a time of confusion. We explain, step by step, how intestate succession works in Spain: who inherits and in what order, what rights the surviving spouse has, what procedures must be followed and how much the entire process may cost. All information is based on the current Civil Code and is updated to 2026.

If you have not yet completed the basic procedures after the death, we recommend starting with our guide to mandatory procedures, which includes a chronological checklist. If the tax cost of the inheritance concerns you, consult our guide to Inheritance Tax by autonomous community.

What is intestate succession and when it applies

Intestate succession (sucesión intestada or abintestato) is the legal mechanism that determines who inherits when a person dies without a valid will. In these cases, the law substitutes the deceased's wishes and establishes an order of heirs based on kinship, regulated by articles 912 to 958 of the Civil Code.

Intestate succession applies in three situations:

1. No will exists: the deceased never made a will before a notary.
2. The will is null or invalid: the document exists but does not meet legal requirements (lack of witnesses, incapacity of the testator, etc.).
3. The will does not cover all assets: the will is valid but does not dispose of all the estate -- assets not included are distributed by intestate succession.

How to find out if a will exists

Before assuming there is no will, you must request the Certificate of Last Wills (Certificado de Últimas Voluntades) from the Ministry of Justice. This document confirms whether the deceased made a will and before which notary. It can be requested from 15 days after the death and costs EUR 3.86. You can request it at the Electronic Office of the Ministry of Justice.

Order of heirs in intestate succession

The Civil Code establishes a strict order of kinship that determines who inherits. Only when no heirs exist in the previous group does the inheritance pass to the next group. Each group excludes the subsequent ones.

Right of representation

If a child of the deceased had already died before them, their own children (grandchildren of the deceased) inherit the share that would have corresponded to their parent. This is called right of representation and only operates in the descending line and in favour of nephews/nieces.

Example: Maria dies without a will. She has two children: Pedro (alive) and Ana (deceased). Ana had two children. Pedro inherits half. Ana's two children share the other half equally (one quarter each).

Rights of the surviving spouse

The surviving spouse occupies a special position in intestate succession: they do not always inherit property, but always have rights. Their participation depends on which group of heirs they concur with.

What does usufruct mean?

Usufruct grants the spouse the right to use and enjoy certain assets (for example, to continue living in the family home), but not their ownership. The heirs are the "bare owners" (nudos propietarios): they have the ownership but cannot freely dispose of the asset until the usufruct ends (normally, upon the death of the surviving spouse).

Practical example: Juan dies without a will. He leaves a property valued at EUR 300,000 and two children. The children inherit the ownership of the property in equal parts (EUR 150,000 each), but the widow has usufruct of the mejora third (EUR 100,000 in use), which in practice means she can continue living in the property.

Important requirement: the marriage must be legally in force at the time of death. Legally separated or divorced couples do not have inheritance rights. Unmarried partners do not inherit in the intestate succession of the Civil Code, although some autonomous communities recognise rights in their regional legislation.

While you manage the legal procedures, many families find comfort in creating a space of remembrance where they can preserve photos and memories of the loved one. If you want to know about the surviving spouse's financial benefits, consult our guide to the widow's/widower's pension.

Step-by-step procedures for an inheritance without a will

The complete process of an inheritance without a will usually takes between 3 and 6 months, although it can be extended if there are disagreements among heirs or assets that are difficult to value. These are the steps in chronological order:

1. Obtain the death certificate

This is the first document needed for any inheritance procedure. It is requested at the Civil Registry of the municipality where the death occurred. It is free and can also be obtained online. Consult our guide to the death certificate for more details.

2. Request the Certificate of Last Wills

It is requested from the Ministry of Justice from 15 working days after the death. Cost: EUR 3.86. This certificate confirms whether a will exists. If the answer is negative, intestate succession is confirmed.

3. Declaration of heirs (acta de declaración de herederos abintestato)

This is the key procedure exclusive to inheritances without a will. It must be carried out before a competent notary (of the deceased's last domicile, the place of death or where the majority of the estate is located).

Documentation required:

• Death certificate
• Certificate of Last Wills (negative)
• ID (DNI) of the deceased and the heirs
• Family Record Book or birth and marriage certificates
• Certificate of registration (empadronamiento) of the deceased
• Two witnesses who know the family (they cannot be heirs)

Cost: approximately EUR 200 to EUR 300.

The notary draws up a deed of notoriety (acta de notoriedad) declaring who the legal heirs are in accordance with the Civil Code.

4. Inventory and valuation of assets

The heirs must prepare a complete inventory of the deceased's estate:

• Properties (request a nota simple from the Property Registry)
• Bank accounts (request a balance certificate from the bank)
• Vehicles (Directorate-General of Traffic)
• Life and death insurance (request the Certificate of Death Coverage Insurance Contracts)
• Outstanding debts

5. Partition deed (cuaderno particional)

This is the document that specifies the distribution of assets among the heirs. It can be done by mutual agreement (the simplest and cheapest) or, if there is disagreement, through a court-appointed partitioner (contador-partidor).

6. Inheritance Tax (Impuesto de Sucesiones)

It must be settled within 6 months of the death (extendable to 12 months if requested before the fifth month). The amount varies enormously by autonomous community: in Madrid, Andalusia or the Canary Islands, direct heirs enjoy relief of 99%, while in other communities the burden can be significant. Consult our guide to Inheritance Tax by autonomous community.

7. Property Registry

If the inheritance includes properties, the deed of acceptance and allocation of inheritance must be registered at the Property Registry for the heirs to appear as the new owners.

Summary of indicative costs

Differences by autonomous community

Spain does not have a uniform inheritance system. Six autonomous communities have their own regional civil law (derecho civil foral) that modifies the Civil Code rules on successions. If the deceased had their habitual residence in one of these communities, their special legislation applies:

Important: if you are not sure which legislation applies, consult a lawyer specialising in successions. The applicable law is that of the deceased's civil residence (vecindad civil), not necessarily their last domicile.

Frequently asked questions

What happens if someone dies without a will in Spain?

Intestate succession is opened, regulated by articles 912 to 958 of the Civil Code. The law establishes an order of heirs: first children, then parents, then the spouse and finally other relatives. To begin the inheritance, a declaration of heirs must be obtained from a notary.

How much does the notarial declaration of heirs cost?

The cost of the notarial deed of declaration of heirs ranges between EUR 200 and EUR 300, depending on the notary and the complexity of the case. Added to this are agency fees (EUR 500 to EUR 1,500 if hired), Inheritance Tax and Property Registry costs if there are properties.

How long do I have to process an inheritance without a will?

There is no legal maximum period for accepting the inheritance, but Inheritance Tax must be settled within 6 months of the death (extendable to 12). Delaying acceptance can generate tax surcharges and complications with assets, especially frozen bank accounts.

Who inherits first: the spouse or the children?

Children inherit the property first. The surviving spouse does not inherit property when there are children, but has the right to usufruct of the mejora third (one third of the estate). Only when there are neither children nor parents does the spouse inherit in full ownership.

Can I renounce an inheritance without a will?

Yes, you can renounce by public deed before a notary. The renunciation is irrevocable and affects the entire inheritance: you cannot accept one part and reject another. If you renounce, your share passes to the next heirs in the legal order. It is common to renounce when debts exceed assets.

Do unmarried partners have the right to inherit without a will?

Under the general Civil Code, unmarried partners do not have inheritance rights in intestate succession. However, some autonomous communities with their own regional law (such as Catalonia, the Basque Country or Navarra) do recognise certain rights for registered unmarried partners. It is essential to make a will if you live together without being married.

Summary

• 60% of Spaniards die without a will: it is a very common situation with a legal solution.
• The order of heirs is: children → parents → spouse → siblings → other relatives → the State.
• The surviving spouse always has rights, even when concurring with children (usufruct of the mejora third) or parents (usufruct of half).
• The first step is to obtain the Certificate of Last Wills to confirm that no will exists.
• The notarial declaration of heirs is the key procedure (EUR 200-300).
• Inheritance Tax must be settled within 6 months (extendable to 12) and varies enormously by autonomous community.
• Six communities have their own regional civil law that modifies the general rules: Catalonia, Aragon, Navarra, the Basque Country, Galicia and the Balearic Islands.
• Unmarried partners do not inherit in the intestate succession of the general Civil Code -- making a will is essential.

Related articles

• Inheritance Tax in Spain 2026: how much is paid by autonomous community -- comparison by region, deadlines and how to calculate it.
• Mandatory procedures after a death: complete checklist 2026 -- chronological checklist of all necessary steps.
• Widow's/widower's pension in Spain 2026 -- requirements, amount and how to apply.
• What to do when a family member passes away -- practical first steps after a death.
• How much does a funeral cost in Spain in 2026? -- full breakdown of funeral costs.

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