When a person dies without having made a will, the Law provides for and determines which persons have the right to inherit, and it is mandatory to file an affidavit of heirship before a notary, which will make up for the aforementioned lack of a will and, consequently, of appointment of an heir.
In the event of death under the Code of Inheritance by reason of death in Catalonia, the heirs of the deceased shall be his or her descendants in equal parts, without prejudice to the lifetime usufruct of all the assets in favour of the widowed spouse.
In deaths occurring on or after 1 January 2009, the heirs of the deceased will be his or her descendants in equal parts, while the widowed spouse or the surviving partner in a stable union may choose between the life usufruct of all the assets or exercising the power of commutation and be awarded a share of the inheritance, including the lifetime usufruct of the deceased’s habitual residence.
When the deceased has no descendants, spouse, or partner in a stable union, nor ascendants, the heirs are his brothers and sisters and, failing that, his nephews and nieces and so on up to fourth-degree relatives.
In GABARRÓ ADVOCATS –HERÈNCIES- we advise you on the process to be followed and carry out the necessary procedures to obtain the declaration of the heirs.
