Intestate succession: who inherits without a will
Where there is no will, the law writes one by default. It is worth knowing what it says, because the split it imposes surprises people — especially regarding the surviving spouse.
The order of succession
Children first, in equal shares, with their descendants inheriting by representation.
Failing descendants, the spouse or stable partner. Failing both, the parents, then siblings and their children, and finally relatives up to the fourth degree. If none remain, the Generalitat de Catalunya succeeds.
The surviving spouse
This causes the most confusion. Where there are children, the spouse does not inherit ownership — they keep a universal usufruct over the whole estate.
In practice they can continue living in the home and receive the income, but the bare ownership belongs to the children, so selling requires everyone. The survivor may commute the usufruct for an outright entitlement, which often unblocks matters immediately.
The tax clock runs regardless
Inheritance tax runs from the date of death, not from the date the declaration of heirs is issued. Where the process will take time, request an extension within the first five months.
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About this guide.
Does an unmarried partner inherit?+
In Catalonia a registered stable partner has succession rights equivalent to a spouse in intestacy, provided the partnership can be evidenced under Catalan rules.