Dying intestate in Spain triggers a legal succession mechanism that may bear no relation to your wishes. We explain who inherits and in what order.
Dying without a will in Spain gives rise to what is known as intestate succession or ab intestato, governed by the Civil Code. The order of succession is as follows:\n\n1. Descendants (children and grandchildren), by degree of kinship.\n2. Ascendants (parents and grandparents).\n3. Surviving spouse (alongside the above, with a right of usufruct over the improvement third).\n4. Collateral relatives up to the fourth degree (siblings, nephews/nieces, uncles/aunts, cousins).\n5. The Spanish State (in the absence of all the above).\n\nImportant: an unmarried partner has no inheritance rights under the national Civil Code. Some autonomous communities (Catalonia, Aragon, the Basque Country…) do recognise such rights under their own regional law. If you live with a partner without being married and have no will, we strongly recommend formalising your situation before a notary.\n\nThe procedure for handling an intestate estate first requires obtaining a Notarial Act of Declaration of Heirs. Our team will guide you step by step.