What to do when a relative dies without a will

If you have to handle the formalities for a relative who has passed away without leaving a will, a thousand questions are likely to arise. And now what? This is the questions that normally arises after the farewell. Where to start, what to do with their belongings, who is entitled to what, what has to be signed, what has to be paid. These are common doubts that can feel overwhelming just when you have the least strength, but understanding the steps to follow can help you face the process clearly, without feeling lost or alone in such a delicate moment.

First step: the Death Certificate

The first step is to obtain the Death Certificate for your relative. You can request it from the Civil Registry in the place where the death occurred or via this link, and it is essential to start any procedure. It’s wise to request several original copies, as you will need them for different processes with banks, notaries, insurers, utilities, etc.

Second step: the Certificate of Last Wills

Once you have the death certificate, apply for the Certificate of Last Wills. This document confirms whether your relative made a will and, if so, before which notary. If the certificate confirms there is no will, intestate succession will apply – the legal process for distributing an estate when there is no express will. This certificate is requested from the Ministry of Justice, in person, by post or online.

What happens if there is no will?

The absence of a will doesn't mean the assets will disappear or that the State will automatically take them. But it does mean a different, more complex procedure than when there is a will. When a person dies without a will, they are said to have died intestate. In that case, the legal order of succession set out in the Civil Code determines who inherits and in what order:

1. Children and other direct descendants, in equal shares.
2. If there are no children, parents and other ascendants inherit.
3. In the absence of children and parents, the spouse inherits.
4. If there is no spouse, parents or children, siblings and nieces/nephews inherit.
5. If none of the above exist, more distant relatives inherit.
6. Only in an extremely rare scenario – when there is absolutely no legal heir – would the assets pass to the State.

Note that the surviving spouse never falls outside the succession, but their share depends on whether there are children, parents or other relatives.

Declaration of heirs: an essential step

Without a will, you cannot simply divide the estate among relatives. First you must formalise a declaration of heirs (abintestate). This is usually done before a notary and serves to confirm who the legal heirs are.

You will need documents such as the deceased’s ID, the Death Certificate, the Certificate of Last Wills, the family record book or certificates proving kinship, and the personal details of potential heirs.

This process can take a few weeks, depending on the case and notary availability.

How the estate is divided

Once the declaration of heirs has been made, the estate can be distributed. Then you will need to draw up an inventory of assets and debts, value the estate and sign a deed of acceptance and partition of inheritance.

This deed is signed before a notary and details what each heir receives. If the parties cannot agree, court proceedings may be necessary to resolve the dispute.

Remember that before you can dispose of inherited assets, Inheritance Tax must be paid – its amount varies according to the autonomous community and the value of the estate.

Tips for facing the situation

• Don’t do everything alone: ask other relatives, a professional or a specialist service for help. Many tasks can be delegated, you don’t have to do it all yourself.
• Keep every document: make copies and organise paperwork from the start. This can prevent unnecessary complications later.
• Proceed calmly: there are deadlines, but not everything is immediate. Give yourself space to process the loss and handle each step in turn.
• Find out about taxes and time limits: for example, Inheritance Tax generally has a six-month deadline from the date of death, and you can request an extension if needed.
• Speak to a notary or lawyer: especially if there are many heirs or significant assets. Good advice can save time, money and problems.

The importance of putting things in order

After reading all this, you may be wondering whether to make your own will. It’s not only an act of responsibility, it also eases the burden on your family at a difficult time.

At Meridiano Seguros we know how important it is to look after your family, which is why our funeral plans include an online will service to help you prepare your will from home, with full legal guarantees, before a notary and with personalised legal advice.

It’s important to point out that, when a relative dies without a will, the process is longer and more complex, but not impossible. The key is to know the steps, gather all documentation and allow yourself to be helped and supported if you need it.

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