Intestate Succession in Spain
Intestate succession in Spain: regulations and applicability
What you should Know about Intestate Succession
The Legal Order of Intestate Succession in Spain
Since the European Succession Regulation came into force, it has become more common for Germans to inherit under Spanish law. The following points are particularly important to bear in mind when no will is in place.
The Fundamentals of Intestate Succession
The general rules of intestacy are outlined in the Spanish Civil Code. This law is often referred to as Common Spanish law, as it applies throughout the entire country. However, some autonomous communities in Spain have their own inheritance rules, known as “foral law.” Among these communities are:
- Balearic Islands
- Catalonia
- Galicia
- Navarre
- Basque Country
When does Intestate Succession Apply?
The rules of intestacy apply when:
- The deceased dies without a will, or the will is deemed invalid
- The will does not fully cover the entire estate
- Certain conditions in the will are not met
- The heir named in the will predeceases the deceased or renounces the inheritance
Who Benefits from Intestate Succession?
The following individuals are favoured under the provisions of intestate succession:
- Children of the deceased (with no distinction between legitimate, adopted, or illegitimate children) and their descendants
- Parents and other ancestors (i.e., grandparents and great-grandparents) of the deceased
- Siblings of the deceased and their descendants
How is the Order of Intestate Succession Determined?
The order of intestate succession is as follows:
- Children of the deceased will be their primary heirs; if children have predeceased the deceased, their descendants are entitled to inherit
- Parents and other ancestors of the deceased will inherit if there are no children or other descendants
- Siblings and their descendants are entitled to inherit only if the deceased has not been survived by any descendants, parents, or other ancestors
Legal Inheritance Rights of the Surviving Spouse
The surviving spouse only has a right to inherit if the marriage was valid at the time of the deceased spouse’s passing, and the spouses were not living separately. Similarly to the deceased person’s descendants and ancestors, their surviving spouse is only entitled to a usufruct over one-third of the estate.
Depending on the marital property regime, there may be additional claims for the surviving spouse:
- Community of Property: the spouse receives half of the joint property in advance
- Participation in Acquired Assets: the spouse is entitled to compensation for accrued gains
- Separation of Property: the spouse is not entitled to any additional property
Estate Administration in the Event of Intestate Succession
In the event that the rules of intestacy apply, an estate certificate must first be obtained. This certificate, which can be issued by a court or a notary, will officially confirm the rightful order of succession. Thereupon the settlement process can be initiated.
Table of Content
Att. Prof.* Dr. Stephan J. Lang
Your specialist for inheritance law
Tel.: +49 (0)172 / 923 1838
Settling an estate in Spain can be complex and demanding. There are a number of legal and administrative hurdles that need to be overcome. We can help you further.
Overview Topics Spain
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Your specialist for inheritance law
Att. Prof.* Dr. Stephan J. Lang
- Lawyer and specialist in inheritance law
- Certified executor (AGT) and mediator
- Visiting professor at the GTU /Tbilisi/ Georgia (2013 - 2019)
- Member of the German-Spanish Lawyers' Association
- Registered office: Munich
- Area: Barcelona and Madrid
- Tel.: +49 (0)172 / 923 1838
