What Happens If You Die Without a Will in Spain?

When someone dies without a will and leaves property in Spain, the law decides who inherits it. Which law that is, and who it favours, often surprises foreign families: the surviving spouse may not inherit the property outright, and an unmarried partner may receive nothing. This guide explains the rules, and what the family has to do.

Which law appliesSpanish law or the law of your country?

Spain applies EU Regulation 650/2012 to every estate with an international element. Without a will, there is no choice of law, so the succession is governed by the law of the country where the deceased was habitually resident at the time of death.

• Living in SpainIf the deceased lived in Spain, Spanish law decides who inherits, including the Spanish property, whatever their nationality.
• Living abroadIf the deceased lived in another country, that country’s law generally applies. Some countries’ rules send the Spanish property back to Spanish law because it is land situated in Spain, so it has to be checked case by case.

Who inheritsThe Spanish rules on intestacy

Where Spanish law applies and there is no will, the estate passes in this order:

• 1. Children and descendantsIn equal shares. Grandchildren take the place of a child who has died.
• 2. Parents and ascendantsOnly if there are no descendants.
• 3. The surviving spouseOnly if there are no descendants or ascendants. Otherwise the spouse receives a life interest (usufruct): over one third of the estate alongside children, or over half alongside parents.
• 4. Brothers, sisters and other relativesOnly if there is no spouse, up to the fourth degree.

An unmarried partner has no inheritance rights under these rules. For many couples this is the most important reason to make a will.

What the family has to doThe declaration of heirs

Without a will, the heirs are first established by a declaration of heirs (declaración de herederos) before a Spanish notary, with two witnesses who knew the deceased. After that, the process is the same as with a will: a NIE for each heir, Spanish inheritance tax within six months of the death, the deed of acceptance of the inheritance and registration of the property in the heirs’ names. For the practical steps, see our guide for foreign heirs when someone has died without a will in Spain.

From abroadYou do not have to come to Spain

Apart from the NIE, which has to be applied for in person, the whole inheritance can be handled through a power of attorney, signed at a Spanish consulate in your country or before a notary where you live, then apostilled and translated. We draft the wording and send it to you ready to sign.

Questions

Does my spouse inherit everything if I die without a will?

Not if Spanish law applies and you have children or living parents. The spouse then receives a life interest, and the property itself goes to the children or the parents.

Does my unmarried partner inherit?

No. Under the Spanish rules on intestacy an unmarried partner has no inheritance rights. Only a will can change that.

What if the deceased had debts?

The inheritance can be accepted “a beneficio de inventario”, which limits the heirs’ liability to the value of what they inherit, or renounced. See our guide on how to accept or reject an inheritance in Spain.

Is there a deadline?

Inheritance tax has to be filed within six months of the death. An extension can be requested within the first five months; it is not automatic.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca. We are Spanish lawyers and we cover the Spanish side of the inheritance. See also our guide to Spanish inheritance law for expats and our guide to probate in Spain. Town by town: inheritance lawyers in Jávea, Dénia, Moraira, Benitachell and Teulada.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your inheritance

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

See buying out a co-owner or selling your share.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every inheritance is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every estate is different and you should take advice on your own circumstances before acting.