How do I find out if I am someone's heir?
There is no automatic notification to heirs. If you think you may be one, apply for the deceased's certificate of last wills from the “Registro General de Actos de Última Voluntad”. If the deceased made a will, the notary will give you a copy if you are entitled to one. If not, their closest relatives inherit by law. A notary declares who they are.
Alburquerque Abogados
José Manuel AlburquerqueIf the deceased made a will
- Once fifteen working days have passed since the death, anyone can apply to the “Ministerio de Justicia”, Spain's Ministry of Justice, for the certificate of last wills.
- The certificate states before which notary the deceased made a will. If they made several, the last one is normally the one that counts.
- That notary gives a copy to the people named in the will, to those who would inherit if there were no will and to the children or, if there are none, to the parents.
- Even if the will does not name you, if you are a child of the deceased you are entitled to the forced share (“legítima”). In Catalonia that does not make you an heir. It entitles you to receive part of the value of the estate from the heir. Between them, all the children receive a quarter.
If the deceased did not make a will
Under Catalan law, which is the law that normally applies if the deceased had been living in Catalonia for years, the family inherits in this order:
- The children and, in place of any child who has died, that child's own children. If there is a surviving spouse or a partner in a “pareja estable”, a Catalan stable partnership, they also have the usufruct of the whole estate.
- If there are no descendants, the surviving spouse or stable partner.
- Next, the parents and other ancestors.
- Next, the siblings and, in place of any sibling who has died, that sibling's children.
- Next, the other relatives up to the fourth degree of kinship, such as aunts, uncles and first cousins.
- If there are none, the Generalitat de Catalunya (the Catalan government).
A surviving spouse who was separated, even if only de facto, does not inherit. Anyone who believes they are entitled can apply for the declaration of heirs before a notary.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.