What does it consist of?
An intestate heir declaration is a legal document that establishes who the heirs of a deceased person are. This document replaces the will to determine, according to the law, who is entitled to inherit.
Its effectiveness is not immediate, so if someone believes they are entitled to inherit, they must go to the notary to prove it. After 20 business days without a claim, the notarial judgment will be issued, and the inheritance may be granted if accepted.
To formalize it, you must go to a Notary in the locality of the deceased's habitual residence, the place where they died, where the majority of their assets are located, or to a Notary in the domicile of the person requesting the declaration.
Order of succession if there is no will
Children and descendants.
Parents and ascendants.
Spouse.
Siblings and nephews/nieces.
Other relatives (up to the fourth degree of consanguinity).
Necessary documentation
Applicant's ID or passport.
Deceased's ID.
Two adult witnesses.
Literal Death Certificate: generally provided by the funeral home. If not, you can go to the Civil Registry or request it on the Ministry of Justice website.
Certificate of Last Will: must be presented so that the notary is aware that the deceased did not make a will.
Marriage Certificate, if the deceased was married.
Deceased's Family Book, and if not possible, you can present the birth certificate of each of their children.
In what situations can this service be used?
When a person dies without having made a will or having made one that is declared null. The latter can occur if: the heir was not mentally capable when making the will, the will was made under duress or fraud, or the legal formalities were not observed in its execution.
When a person has been named as an heir who has also passed away.