Intestacy: intestate succession

When someone passes away without having left a will, the law decides who inherits. At BBM Abogados we guide you through the whole intestate succession, from the declaration of heirs to the distribution of the estate.

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Related to inheritance

Succession and inheritance Wills Renouncing an inheritance

Who inherits when there is no will?

1. Children and descendants

They inherit first, in equal shares. If a child has passed away, their children inherit (right of representation).

2. Parents and ascendants

If there are no children or descendants, the parents inherit and, failing them, the grandparents.

3. Surviving spouse

In the absence of descendants and ascendants, the spouse who was not legally separated inherits.

4. Siblings and other relatives

Next in line are siblings and nephews and nieces, and failing them, relatives up to the fourth degree.

What is intestate succession?

Intestate succession —or inheritance without a will— is the succession that arises when someone passes away without leaving a valid will, or when the will does not distribute all of their assets. In these cases it is not the deceased who decides, but rather the law that establishes who the heirs are and in what proportion.

This is a more common situation than it seems and, although the order is set by law, the process requires several formal steps (declaration of heirs, inventory, taxes and distribution) for which it is advisable to have a solicitor.

When does intestate succession arise?

It arises, among other cases, when the person passes away without a will, when the will is void, or when the named heir will not or cannot inherit and there is no substitute. If you are unsure whether this is your case, find out how inheritances with a will work or how to make a will.

Why BBM Abogados?

Since 1990 we have supported families in Santander and Cantabria through the delicate moment of an inheritance, with a personal approach and rigour. We take care of the entire process and, if a conflict arises between the heirs, we defend your interests. Tell us about your case with no obligation.

The process, step by step

1
Declaration of heirs

Handled before a notary (deed of declaration of heirs on intestacy, abintestato) when descendants, ascendants or the spouse inherit.
2
Inventory of the estate

We gather and value the assets, rights and debts that make up the inheritance.
3
Inheritance tax

Settled within 6 months of death (extendable), together with the municipal capital gains tax (plusvalía) if there is real property.
4
Award and distribution

The assets are distributed among the heirs in accordance with the law, by public deed.

The benefits of working with BBM Abogados

Real experience

Over three decades resolving cases in Santander and Cantabria give us a perspective that makes the difference.

Swift response

We know legal deadlines are critical. We act quickly so you do not lose any right for the sake of time.

Specialist team

Our lawyers are in constant training and up to date with every legislative change that may affect your case.

A close approach

Every client receives direct, personal attention. We explain each step clearly, without unnecessary jargon.

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What do our clients say?

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Grandes profesionales, te resuelven todas las dudas legales, rápidos y eficientes. Totalmente recomendable.

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Grandes profesionales.

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Who do we help in Santander and Cantabria?

From our office in the centre of Santander we provide full legal cover and defence to clients across Cantabria:

Individuals and families who need to resolve civil disputes, inheritance, separations or criminal defence.
Self-employed and professionals who need ongoing advice and tailored solutions.
Small and medium-sized businesses seeking preventive, commercial, tax or employment advice.
Clients in Santander, Torrelavega, Camargo and the surrounding towns who want a close, agile and effective firm.

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Frequently asked questions

Who inherits when there is no will? +

The law establishes an order: first the children and descendants; failing them, the parents and ascendants; then the surviving spouse; and lastly the siblings and other relatives up to the fourth degree. We analyse your specific case to determine who is entitled.

What is the declaration of heirs on intestacy (abintestato)? +

It is the act by which it is legally determined who the heirs are when there is no will. When descendants, ascendants or the spouse inherit, it is handled before a notary; in other cases, through the courts.

How long is there to deal with an intestate estate? +

There is no general deadline for accepting the inheritance, but inheritance tax must be settled within the 6 months following the death (extendable by a further 6). It is best not to delay it in order to avoid surcharges.

What happens if the heirs cannot reach an agreement? +

If there is no agreement on the distribution, the judicial division of the estate can be sought. We represent you to defend your share and find the quickest and fairest solution.

Experts in Intestacy: intestate succession in Santander

At BBM Abogados we put a team with over 30 years of experience at your service to advise you and defend your interests with a close, rigorous and results-driven approach across Cantabria.