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 takes the place of a will to determine, according to the law, who has the right to inherit.
Its effectiveness is not immediate, so if someone believes they have the right to inherit, they must go to the notary to prove it. After 20 business days with no claim, the notarial judgment will be issued, and the inheritance may be granted if accepted.
To formalize it, you must go to a Notary located in the locality of the deceased's habitual residence, the place where they died, where most of their assets are located, or to a Notary at the domicile of the person requesting the declaration.
Order of succession if there is no will
Children and descendants.
Parents and ascendants.
Spouse.
Brothers and nephews/nieces.
Other relatives (up to fourth degree of consanguinity).
Documentation required
Applicant's ID card or passport.
Deceased's ID card.
Two adult witnesses.
Literal Certificate of Death: generally provided by the funeral home. If not, you can go to the Civil Registry or request it on the website of the Ministry of Justice.
Certificate of Last Wills: 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 who has not made a will or who has made one, but it is declared null. The latter can occur if: the heir was not mentally capable when making the will, the will was made under violence or fraud, or the legal formalities were not observed in its execution.
When a person has been named as an heir who has also died.