What does it consist of?
A declaration of heirs "ab intestato" is a legal document that establishes who the heirs of a deceased person are. This document replaces a will in determining, according to the law, who has the right to inherit.
Its effectiveness is not immediate, so if someone believes they are entitled to inherit, they must go to a notary to prove their claim. If no claim is made within 20 business days, the notarial judgment will be issued, and the inheritance may be granted if accepted.
To formalize this process, one must visit a notary located in the deceased's usual place of residence, the place where they passed away, where the majority of their assets are located, or a notary in the residence of the person requesting the declaration.
Order of succession if there is no will
Children and descendants.
Parents and ascendants.
Spouse.
Siblings and nephews/nieces.
Other relatives (up to the fourth degree of kinship).
Required Documentation
National ID card or passport of the applicant.
National ID card of the deceased.
Two adult witnesses.
Literal Death Certificate: usually provided by the funeral home. If not, it can be obtained from the Civil Registry or requested on the Ministry of Justice website.
Last Will Certificate: must be presented so the notary can confirm that the deceased did not make a will.
Marriage Certificate, if the deceased was married.
Family Record Book of the deceased. If unavailable, the birth certificate of each child may be provided.
In what situations can this service be used?
When a person passes away without having made a will or when a will is declared null. This can occur if the testator was not mentally competent at the time of making the will, if it was made under duress or fraud, or if legal formalities were not properly followed.
When the designated heir has also passed away.