"Intestate" is the legal term used when someone dies in Spain without a valid will, or without a will that holds up legally. When that happens, the law itself decides who inherits, following a fixed order of priority rather than the deceased's wishes.
Who inherits, and in what order
Spanish law sets a fixed order of priority: children and other descendants inherit first; if there are none, it passes to parents and other ascendants; if there are none of those either, the surviving spouse inherits; and only if there is no spouse do collateral relatives, such as siblings, nieces, nephews or cousins, inherit, up to the fourth degree of kinship. If no relative within that degree can be found, the estate passes to the State. The precise shares can get more complex, particularly around a surviving spouse's rights alongside descendants or ascendants, so it is worth getting a formal read on the specifics of any given family situation.
How the heirs are formally declared
Working out who the intestate heirs are is not automatic. It has to be formally declared through a procedure called the "declaración de herederos abintestato." Where the heirs are the deceased's descendants, ascendants or spouse, this can usually be handled by a notary. Where the case is more complex, for example when only collateral relatives such as siblings, nieces or nephews are involved, or the situation is disputed, it needs to go through the courts instead.
Only once the declaration has been issued can the heirs move forward with accepting the inheritance and dealing with the estate.
