What is the declaration of heirs and what documentation is required?
Knowing what the declaration of heirs is is essential when a person dies without leaving a will. This notarial procedure allows determining who the legal heirs are and is a key step within the succession process to properly manage the inheritance.
What is the declaration of heirs and what is it for?
The declaration of heirs is a fundamental document to be able to inherit when someone dies without having left a will. This certificate of heirs is also essential when, having left a will, it does not cover the entirety of the inheritance.
It is very common to need this certificate of heirs when someone dies who had left a previously deceased person as heir.
Documentation and frequently asked questions about the declaration of heirs without a will
There are three questions that our clients ask us regarding what the declaration of heirs without a will is. These are related to the necessary documents to formalise it, the witnesses, and the effects caused by the certificate of declaration of heirs.
Documentation for declaration of heirs without a will
To make a declaration of heirs, the first thing you need to know is that you will have to go to a notary. For this, you need to gather the documentation for the declaration of heirs that we indicate below:
Literal death certificate
The literal death certificate is part of the documentation required to request a notarial declaration of heirs.
It is common for the funeral home to provide this certificate, but if not, you will have to go in person to the corresponding Civil Registry where the death of the deceased was registered.
You can also request it online through the Ministry of Justice website.
Family book of the deceased
Another of the necessary documents for a declaration of heirs before a notary is the family book of the deceased.
However, sometimes the deceased passes away and the heirs do not know where the family book is. To replace this document, a birth certificate for each of the members of the family book can be presented, that is, for the sons and daughters of the deceased.
Likewise, it will be necessary to present the marriage certificate in case the deceased was married.
Certificate of Last Wills
The certificate of last wills of the deceased or the deceased will also be essential in order to make the application for the declaration of heirs. This documentation for the declaration of heirs is necessary so that the Notary has proof that the deceased did not make any will.
The notary office itself can handle processing your application, for which it will need the death certificate and the signature of an interested party.
Another option, if you wish, is to request the certificate of last wills yourself. For this, you will need to wait 15 working days, which start counting from the day after the death.
ID of the deceased
In the process of declaring heirs, the DNI of the deceased is necessary to know the address where they lived. If you have trouble finding the identity document of the person who has passed away, you can go to the Town Hall of the town where they lived to request a certificate of registration.
Are witnesses necessary?
Yes. To apply for a declaration of heirs ab intestate you need to go to the notary with 2 witnesses, who will make the appropriate statements, warned of the consequences in case of falsehood in a public document.
What effects does the declaration of heirs produce? The recognition of heirs
The main effect it produces is the replacement of the will as a succession document. Due to the lack of a will, it is necessary to determine who has the right to the succession, and this is achieved with the declaration of heirs.
Through the documentation provided and the declaration of witnesses, the Notary will determine who has the right to succeed. But its effectiveness is not immediate; instead, a peremptory period must be awaited for anyone who believes they have a right. The inheritance must be presented at the notary's office to prove such right. After the period of 20 working days has passed without anyone claiming their right, the definitive notarial judgment will be issued regarding the persons called to the succession, and the inheritance may be granted from that moment.
Learn more about inheritance distribution without a will:
Certificate of Heirs and other frequently asked questions
It is also known as declaration of heirs without a will, certificate of heirs, declaration of inheritance, heirs' deed, declaration of heirs deed or inheritance deed and letter of heirs.
For a certificate of heirs to be issued, a person must have died without having made a will. If the will does not cover the entirety of the inheritance, if it is declared null, or if a person who has died was named as an heir in the will, the deed of declaration of heirs without a will must also be made. The documents mentioned above must be provided.
You can find out more at this link: Is it mandatory to make the declaration of heirs?
The declaration of heirs is requested before a Notary. When you request an appointment, you must provide the documentation for the drafting of the heirs' deed. You must choose a Notary from the locality of the deceased's residence, the place where they died, or where their estate is located. You may also request a Notary from your residence or the neighbouring district. To carry out the declaration of heirs in Barcelona, you can contact us and we will help you step by step in your procedure.
The deed of heirs is executed before a Notary. The declaration of heirs in Spain is initially made by providing the requested documentation. In our office, the text is drafted by Notaries in Herencias en Barcelona, and, during the deed of notoriety, the deceased and the heirs are identified. Subsequently, the witnesses attest, the document is signed and sealed.
Now that you know what the declaration of heirs is and how it acts as a "will", you should know that the next step is to process a deed of acceptance of inheritance in order to configure the transfer of the deceased's assets to the heir or heirs.
You can also obtain more information at this link: Acceptance of Inheritance: All its types and ways of rejection.
JLA Notaries, wills and inheritances in Barcelona
In this article we have shown you what the declaration of heirs is, what it is for and what documents are needed for the declaration of heirs. If you are an heir of someone who has died without leaving a will and need to request a declaration of heirs in Barcelona, get in touch with JLA Notarios, our notary office in Barcelona and we will help you.
At this link you can learn in more detail about all the related services we offer as Notaries in wills and inheritances in Barcelona. Do not hesitate to consult us. We will answer all your questions.
