What does it consist of?
A declaration of intestate heirs 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 a right to inherit, they must go to a notary's office to prove it. After 20 business days without a claim, the notary will issue the declaration, and the inheritance can be granted if accepted.
To formalize it, you must go to a notary located in the town of the deceased's habitual residence, the place where they died, where the majority of their assets are located, or to a notary in the town of the person requesting the declaration.
Order of succession if there is no will:
Children and descendants.
Parents and ascendants.
Spouse.
Siblings and nephews/nieces.
Other relatives (up to the fourth degree of consanguinity).
In what situations can this service be used?
When a person dies without having made a will, or if they did make a will that has been declared invalid. The latter can occur if: the heir was not of sound mind when making the will, the will was made under duress or fraud, or the legal formalities were not observed in its execution.
When the heir has been named as an heir who has also died.
