ManagoraMANAGORA
ESEN

Declaración de herederos abintestato (declaration of heirs when there is no will)

Declaración de herederos abintestato (declaration of heirs when there is no will) is filed with Notario del último domicilio del causante o de los herederos. With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: from €229. Official tasa (government fee): No tasa (official fee) payable to any public body. The declaración de herederos abintestato is processed through an acta de notoriedad (notarial deed of notoriety) before a notary, with the arancel notarial (notary's scale fee) at your expense (indicatively between 200 and 400 euros depending on the case), separate from our fee.

We handle the declaración de herederos when a relative dies without a will. We automatically identify the legal order of succession (descendants, ascendants, spouse, siblings, collateral relatives up to the 4th degree) and the applicable route: NOTARIAL in most cases (Ley 15/2015) or judicial when there are no relatives up to the 4th degree. We validate the certificates (death certificate, certificado de últimas voluntades (last-will certificate) and insurance register certificate), the shares and the non-relative witnesses.

Start this procedure →See all procedures
Estimated total cost
from €229
Managora's fee
€35.09 (21% VAT incl.)
Tasa (official government fee)
No tasa (official fee) payable to any public body. The declaración de herederos abintestato is processed through an acta de notoriedad (notarial deed of notoriety) before a notary, with the arancel notarial (notary's scale fee) at your expense (indicatively between 200 and 400 euros depending on the case), separate from our fee. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Acta notarial (notarial deed): 30-60 days from the requerimiento (formal request). Judicial route: 4-12 months. ISD (inheritance and gift tax): deadline of 6 months after the death, extendable by another 6.
Where it is filed
Notario del último domicilio del causante o de los herederos ↗
What you receive
Application

Cost breakdown: Our fee 29 € + acta de notoriedad (notarial deed of notoriety) at your expense, indicatively from 200 to 400 € depending on the case. No tasa (official fee) payable to any public body..

Declaración de herederos abintestato (declaration of heirs when there is no will): how is it filed?

  1. 1Answer the chat questions (~10 minutes).
  2. 2We identify the legal order of succession and the applicable route. We validate the certificates, the shares (adding up to 100%) and the witnesses.
  3. 3Payment of 29 €.
  4. 4Signature of the mandato (mandate authorising us to act) from your mobile.
  5. 5We coordinate with the civil lawyer and, if the notarial route applies, with a notary of the deceased's last address. The lawyer prepares the requerimiento (formal request), attends the witness hearings and oversees the acta (notarial deed).
  6. 6You receive the signed acta notarial (or the judgment) declaring the heirs. With this you can proceed to the acceptance of the inheritance, ISD (inheritance and gift tax) and IIVTNU (municipal capital gains tax).

Which documents do you need?

  • •Full literal death certificate of the deceased (Registro Civil, valid for 6 months).
  • •Certificado de últimas voluntades (last-will certificate from the Ministerio de Justicia, online portal).
  • •Certificate from the Registro de Seguros (insurance register) with death cover (recommended).
  • •Libro de familia (family record book) or full literal birth certificates of the presumed heirs to prove the family relationship.
  • •Valid DNI/NIE of the presumed heirs.
  • •DNI of the 2 non-relative witnesses (notarial route).
  • •If there are grandchildren by representation: death certificate of the predeceased parent.

Legal basis and things to bear in mind

  • Notarial route (Ley 15/2015): applicable when there are descendants, ascendants, a spouse or collateral relatives up to the 4th degree. Procedure under art. 209 bis of the Ley del Notariado (Notaries Act). Deadline 30-60 days.
  • Judicial route: only when there are no relatives up to the 4th degree or there is a major dispute. Claim before the Juzgado de Primera Instancia (Court of First Instance) for a declaration in favour of the State / CCAA (regional government).
  • Order of succession (CC 930-958): 1st descendants → 2nd ascendants (spouse gets usufruct of half) → 3rd spouse alone → 4th siblings and nephews/nieces per stirpes → 5th collateral relatives up to the 4th degree → 6th State / CCAA.
  • Right of representation (art. 933 CC): grandchildren inherit per stirpes the share of the predeceased child. Nephews/nieces inherit per stirpes the share of the predeceased sibling.
  • After the declaration: acceptance of the inheritance (notarial), self-assessment of ISD (Modelo 650/651) in the CCAA of the deceased's last address (deadline 6 months, extendable), Plusvalía Municipal IIVTNU (municipal capital gains tax) if there are properties.
  • Notarial cost: ~250-450 € depending on the number of heirs. Our 29 € covers the full service with the civil lawyer until the acta is final.

Declaración de herederos abintestato (declaration of heirs when there is no will): frequently asked questions

Declaración de herederos abintestato (declaration of heirs when there is no will): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €229: Our fee 29 € + acta de notoriedad (notarial deed of notoriety) at your expense, indicatively from 200 to 400 € depending on the case. No tasa (official fee) payable to any public body.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No tasa (official fee) payable to any public body. The declaración de herederos abintestato is processed through an acta de notoriedad (notarial deed of notoriety) before a notary, with the arancel notarial (notary's scale fee) at your expense (indicatively between 200 and 400 euros depending on the case), separate from our fee..

Declaración de herederos abintestato (declaration of heirs when there is no will): how long does it take?

Acta notarial (notarial deed): 30-60 days from the requerimiento (formal request). Judicial route: 4-12 months. ISD (inheritance and gift tax): deadline of 6 months after the death, extendable by another 6.

Declaración de herederos abintestato (declaration of heirs when there is no will): which documents do I need?

You need to have to hand: Full literal death certificate of the deceased (Registro Civil, valid for 6 months)., Certificado de últimas voluntades (last-will certificate from the Ministerio de Justicia, online portal)., Certificate from the Registro de Seguros (insurance register) with death cover (recommended)., Libro de familia (family record book) or full literal birth certificates of the presumed heirs to prove the family relationship., Valid DNI/NIE of the presumed heirs., DNI of the 2 non-relative witnesses (notarial route)., If there are grandchildren by representation: death certificate of the predeceased parent.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Notario del último domicilio del causante o de los herederos. You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Notario del último domicilio del causante o de los herederos ↗.

Shall we get started with «Declaración de herederos abintestato (declaration of heirs when there is no will)»?

We file it for you, from start to finish.

Start now →