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.