INTESTATED SUCCESSION OR DEATHS WITHOUT TESTAMENT

Intestate succession or death without will opens when a person dies without leaving a testamentary heir or in inheritance, or when the appointee or appointees fail to be so and there are no substitutions or these have been able to govern.

In Catalonia the heirs of the causer are his descendants in equal parts. The surviving spouse or cohabitant in a stable couple may choose between the usufruct of all the property or may exercise the power of commutation and be awarded the usufruct of the habitual residence plus a quarter of the inheritance. In the absence of descendants and spouses, the ascendants are heirs. In this case, it is necessary to grant a deed of declaration of heirs before a notary, having to comply with a series of bureaucratic requirements, as well as the presence of two witnesses. After the legal deadline, the heir will be able to grant a deed of acceptance of inheritance and be awarded the property.

When the causer has no descendants, spouse or cohabitant in a stable union of couple or ascendants, by default the heirs are siblings, nephews and so on up to fourth degree relatives. In this case, a lawsuit must be filed with the court of the last address of the causer.

This order of succession changes according to the law applicable to the succession.

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