In Spain it is not mandatory, but we do recommend that you write a will, in which you are going to put your last wishes to prevent your relatives from having unpleasant surprises.
In the event that there is no will at the time of your death, your assets will be divided taking into account the Civil Code which, in short, orders that the assets and rights be distributed among those closest to the deceased. In order of preference we have:
1. The children
2. The grandchildren
3. Brothers and nephews.
The Act of declaration of intestate heirs
In the first place, it is necessary to make sure that the deceased never actually made a will, and the corresponding certificate may be requested by anyone who is considered heirs or who has a legitimate interest, such as the deceased's creditors. It must be taken into account that the request for the certificate can be made by the lawyer, an inheritance specialist who would take our case.
Once we have made sure that there is no will, the declaration of intestate heirs proceeds, or what is the same, the law is used to know to which relatives the deceased's assets should be delivered. To proceed with the drafting of this document, a series of mandatory requirements must be met, such as proving the kinship relationship, the death of the deceased or the lack of a will.
It is a procedure that is carried out by a Notary Public, which means that the resulting document is the official one, and for all purposes like a will. If the heirs accept the inheritance, they will register the assets in the Property and Commercial Registries, in their name.
It is important to have a lawyer, for the preparation of the procedure and the acceptance of the inheritance, to be able to avoid making mistakes and accept more debts than property, or not to get a distribution adjusted to the law. If you have a relative who has passed away without a will, call us, we will save you all the problems.