Declaration of heirs without a will
When there is no will, the family does not decide: the law does. The declaration of heirs is the document that establishes, with legal effect, who inherits and in what proportion.
Who inherits without a will in Catalonia
Catalan civil law sets its own order of succession, different from the Spanish common regime, and it is worth knowing because it surprises people.
Children and their descendants inherit first, in equal shares, with the spouse or registered partner keeping a universal usufruct over the estate. If there are no descendants, the spouse or stable partner inherits. Failing both, the parents, then siblings and nephews, and finally relatives up to the fourth degree.
The most common surprise is discovering that a surviving spouse does not inherit ownership where there are children — only the usufruct.
How the notarial deed works
It is processed before a notary with jurisdiction over the deceased’s last address. It requires the death certificate, the Last Wills registry certificate, proof of kinship and two witnesses.
There is a statutory waiting period between the initial application and issue. The deed then allows the estate to be accepted, the tax filed and assets registered.
The tax clock does not wait
Inheritance tax runs from the date of death, not from the date the deed is issued. If matters drag, the six-month window can close before the title exists.
The answer is to start immediately and, if needed, apply for an extension within the first five months.
Tell us about your case
First assessment at no cost. We tell you whether you have a case, what deadlines apply and what it would cost.
About this service.
Who inherits first in Catalonia?+
Children and their descendants, in equal shares, with the spouse or stable partner holding a universal usufruct over the estate. Only where there are no descendants does the spouse inherit outright.