by Jesus Barrena Intestate succession, called intestate succession, legal or legitimate, takes place in the event of non-existence or invalidity of the deceased's will. Given the need to elect a successor, and in the absence of a written will of the deceased, the law replaces that will by designating successors by default among the relatives of the deceased. These heirs are called legal heirs. If there are no legal heirs, the State or an autonomous community will inherit.
Intestate succession is considered a legal figure. It is regulated in article 658 et seq. of the Civil Code. It takes place when the deceased has not made a will, when the will is declared null, or when it has been lost. It also occurs when the will does not include all of the deceased's assets.
In addition, the regulations regarding the lack of legitimate heirs must be resorted to when the heir or heirs do not comply with any condition set out in the will or in the event that the heirs die before the testator or if they repudiate the inheritance without there being substitutes. nor right to increase.
In the event that an established heir is declared incapable of succeeding, the rules that regulate legal succession must also be resorted to.
Determination of heirs in case of intestate succession:
The Civil Code establishes a series of rules for determining the heir or heirs. A notarial or judicial declaration must be made by the heirs, depending on the case.
– Succession corresponds first to the straight descending line (children, grandchildren, etc.).
– In the absence of children and descendants of the deceased, their ancestors (parents, grandparents, etc.) inherit.
– If there are no descendants or ascendants, the surviving spouse inherits, and if there are none, the collateral relatives of the deceased up to the fourth degree (cousins, nephews, great-nephews, first cousins).
– In the absence of the above, the State inherits.
The surviving spouse (widower or widower) has the right to at least:
– The usufruct of 1/3 in the event that there are descendants of the deceased.
– The usufruct of 1/2 in the event that there are no descendants but there are ascendants.
– The entire property inheritance, if there are no children, descendants or ascendants.
Jesús Barreña, specialist in Real estate and financial law
