Intestate Succession: What is it?
When a person dies without a will, their inheritance is distributed according to the rules of intestate succession . These rules are established in the Spanish Civil Code and determine who the legitimate heirs are and how the estate is divided.
Order of Heirs in Case of Intestate Succession
The law establishes an order of priority among heirs, which must be strictly followed:
- Descendants (children and grandchildren):
- Children are first in the line of succession. If any of them has died, his share will correspond to his descendants (grandchildren of the deceased).
- Children inherit equally.
- Ancestors (parents and grandparents):
- If there are no children or descendants, the parents of the deceased have the right to inherit.
- If one parent has died, the other inherits the entire estate. If both are alive, they inherit equally.
- Surviving spouse:
- If there are no descendants or ascendants, the surviving spouse has the right to inherit.
- It should be noted that the spouse has the right to usufruct of one third of the inheritance even if there are descendants, and to half if there are ascendants.
- Brothers and nephews:
- In the absence of descendants, ascendants and spouse, the siblings of the deceased are next in the line of succession.
- If any of the siblings have died, their children (nephews of the deceased) inherit in their place.
- Other collateral relatives:
- If there are no brothers or nephews, the closest relatives up to the fourth degree, such as uncles or cousins, inherit.
- The State:
- If there are no relatives up to the fourth degree, the State inherits the assets.
Rights of the Spouse in Intestate Succession
The surviving spouse has specific rights in intestate succession:
- Usufruct: The spouse has the right to usufruct of a part of the estate, which means that they can enjoy the assets (for example, live in the house) during their lifetime, but do not have full ownership.
- Order of priority: The spouse does not inherit in full ownership if there are descendants or ascendants. However, if they do not exist, he inherits the entire estate.
The Importance of a Will
Although intestate succession ensures that assets are distributed among the next of kin, it may not reflect the wishes of the deceased. A will allows you to have control over how assets are distributed, who inherits what, and avoids possible family conflicts.
At Legal Help Services , we offer advice in Orihuela Costa to help you write a will that reflects your wishes and protects your loved ones.
If you have questions about inheritances without a will or want to plan your succession, contact us. We are here to offer you the guidance and support you need in these delicate matters.
