This is the order for inheritances without a will

When we encounter the situation that a person has died without having made his will, the order of hereditary succession appears. The succession order usually establishes that the children and direct descendants of the deceased have the highest priority. However, in this article we will analyze the current order established so that you know in detail what happens in each situation.

The rules of succession

As we have commented, the succession will be carried out according to established rules. Kinship rules will also be considered.

Children and their descendants are those who succeed the parents and other ascendants. There is no distinction of sex, age or affiliation.

Children always inherit by their own right and divide the inheritance equally.
Grandchildren and other descendants inherit by right of representation. In the event that someone has died leaving more heirs, the portion is divided among them equally.
In case there are children and descendants of other deceased children. The former inherit by right and the latter by representation.

As there are no children or descendants, it is the ascendants of the deceased who inherit.

Father and mother inherit equally. If only one of the two is alive, he or she will take the entire inheritance. And if neither of them lives, the ascendants closest in degree will succeed.
In the event that there are several ascendants in the same degree, the entire inheritance will be distributed among them.

If there are no descendants or ascendants, it will be the spouse who inherits everything as long as they are not judicially or de facto separated.

In the absence of the above, it will be brothers and children of brothers who will inherit.

We recommend that you contact us with any questions regarding this point. We will be happy to advise you.

If the above are not found, it will be the other relatives who will succeed in a collateral line until the fourth degree, beyond which this right no longer extends.

If there are no relatives with the right to inherit, the inheritance will pass to the State once the judicial declaration of the heir is made.

We are aware that this is a complex issue that, although it can be simplified based on simpler explanations, usually requires advice. Therefore, we recommend that you contact us if you have any questions. We will be happy to help you throughout the process, as well as to resolve any questions or concerns of any nature.