The Notarial Act of Declaration of Heirs is a document in which the notary, after conducting the necessary checks and verifications, declares who the heirs are of a person who has passed away intestate (without a will). In this act, the notary establishes which individuals should be recognized as the rightful heirs of the deceased.

The competent notary for making this declaration is the one located in the area where the deceased had their last residence in Spain. If the deceased did not reside in Spain, the competence lies with the notary of the location where the deceased owned a significant part of their assets. This declaration can be processed by the notary of the corresponding locality or by that of a neighboring locality, depending on the applicant’s choice.

Any heir can initiate this process on their own, and it is not necessary for all heirs to be present at the first act. However, for the distribution of assets, it will be necessary for all heirs to be present or for their respective representations to be handled.

Required Documents

• D.N.I of the person requesting the act. (To verify their identity)

• Death Certificate of the deceased. (To verify the death of the individual)

• Certificate of Last Wills of the deceased. (To confirm that no will was granted by the deceased)

• D.N.I. or Certificate of Residency of the deceased. (To confirm their last address and determine the competent notary)

• Family Book. (To establish the closest family members of the deceased who are entitled to inherit)

• Two witnesses who affirm the truth of the provided information.