Intestate probate in Spain: who inherits when there is no will?

Losing someone you love is incredibly difficult. When you then discover that there is no will in place and that legal steps need to be taken in another country, it can feel like far too much to deal with at once.

If your loved one passed away in Spain without leaving a will, Spanish law sets out clear rules about what happens next and who is entitled to inherit. While this can feel daunting, you don’t need to understand everything at once. This guide is simply here to explain, in clear terms, what intestate probate in Spain means and who usually inherits.

At Gascon Bernabeu, our English-speaking Spanish solicitors support UK families through this situation all the time. We understand that many people come to us feeling uncertain, emotional, and unsure where to start. Our role is to make things clearer and to take as much of the legal burden off your shoulders as possible.

What does “intestate” mean?

Put simply, someone is said to have died intestate when they pass away without leaving a valid will. This may be because they never made one, or because an existing will cannot be found or is not legally valid in Spain.

When this happens, Spanish law decides how the estate is shared. This applies to everything your loved one owned in Spain, such as property, bank accounts, and other assets.
Even if your loved one spoke about their wishes, or family members believe they know what they would have wanted, only the rules set out in law can be followed if there is no will. This can feel upsetting, but these rules exist to give families clarity and certainty at a difficult time.

Who inherits when there is no will in Spain?

When someone passes away without leaving a will, Spanish law steps in to provide structure at what is often a very uncertain time. These rules are not meant to feel cold or impersonal. They exist to give families clarity, to avoid disputes, and to make sure that the people closest to the deceased are protected.

For many families, especially those based in the UK, these rules can feel unfamiliar or even surprising. Spanish inheritance law follows a different philosophy, and understanding this can help make the process feel a little less confusing.

You don’t need to work all of this out on your own. This section is simply here to explain, in a calm and straightforward way, how the law approaches inheritance when there is no will.

Children and direct descendants

If your loved one had children, they are usually the first people entitled to inherit. Spanish law places great importance on passing assets down the family line, which is why children are given priority.

The estate is generally divided equally between them. This applies regardless of where the children live, their nationality, or whether they were closely involved in the deceased’s affairs.

If one of the children passed away before the deceased, their share normally passes to their own children. This makes sure that grandchildren are not disadvantaged and that each branch of the family is treated fairly. The intention behind this rule is to respect family continuity, even when circumstances change.

For families, this can bring reassurance that future generations are considered and protected, even if the situation feels complicated at first.

The surviving spouse

The position of the surviving spouse is often one of the most difficult aspects to understand, particularly for those more familiar with UK inheritance rules.
In Spain, the law aims to strike a balance between the needs of the surviving spouse and the rights of the children. Rather than focusing on outright ownership, the law often grants the spouse a life interest, known as a usufruct. This means the spouse may have:

• The right to live in the family home
• The right to use certain assets
• The right to receive income from the estate

However, ownership of those assets usually passes to the children. This approach is intended to give the spouse security and stability while preserving the estate for the next generation.

If there are no children, the spouse’s entitlement may be broader, but this can still depend on whether the deceased’s parents are alive. Each family situation is slightly different, and this is where individual legal advice becomes particularly important.

Parents and ascendants

If there are no children, Spanish law looks to the deceased’s parents. This reflects the principle that inheritance should stay within the closest family circle.

Parents are considered next in line because of their direct relationship with the deceased:

• If both parents are alive, they normally inherit in equal shares
• If only one parent survives, that parent usually inherits the entire estate

If neither parent is alive, inheritance can move further up the family line to grandparents or other ascendants. While this situation is less common, the law provides a clear framework to follow, helping families avoid uncertainty or disagreement.

Siblings and wider family

If there is no spouse, no children, and no surviving parents or ascendants, the law then considers siblings. If a sibling has already passed away, their share may pass to their children, the nieces and nephews of the deceased. This again, make sure that the estate continues to follow family ties, rather than skipping entire branches of the family altogether.
Although this part of the process can sound complex, it is handled formally through a notary, with checks in place to confirm family relationships and legal entitlement.

When no family members can be identified

In very rare cases, no legal heirs can be found. Only after thorough investigations does the estate pass to the Spanish State. This outcome is uncommon, but it exists to make sure that every estate is dealt with properly, even when family connections are unclear or no longer exist.

Why these rules matter

While intestate succession rules can feel rigid, their purpose is to bring order and fairness at a time when emotions are understandably high. They help prevent uncertainty, reduce the risk of disputes, and make sure that no one is overlooked.

If your family is dealing with grief, having a clear legal path and someone to guide you through it can make an enormous difference, and we’re here to help.

How intestate probate works in practice

When someone dies without a will, Spanish law requires a few formal steps to make sure their estate is handled properly. These steps are there to provide clarity and fairness at a time when families are often feeling uncertain and overwhelmed.

First, the legal heirs must be formally identified. This is done using official documents, such as birth and marriage certificates, to confirm family relationships. Once this is clear, a declaration of heirs is completed before a Spanish notary. This allows banks, land registries, and other authorities to recognise who is legally entitled to deal with the estate.

An overview of the deceased’s assets and any outstanding debts is then prepared. Spanish law requires debts and taxes to be settled before anything can be inherited, helping to avoid problems later on. After this, the remaining estate can be distributed according to the intestacy rules.

For families based in the UK, managing this process from abroad can feel especially difficult. Having an experienced, English-speaking solicitor to guide you step by step can make the process feel far more manageable and relieve much of the practical burden during an already difficult time.

How we can support you

At Gascon Bernabeu, we know that this is not just a legal process; it’s something you’re dealing with during a time of loss. Our English-speaking solicitors are here to guide you gently and clearly, at a pace that feels manageable.

We can:

• Explain who inherits in your specific situation
• Handle the declaration of heirs and notarial procedures
• Act on your behalf in Spain, so you don’t have to travel unnecessarily
• Manage communication with banks, authorities, and tax offices
• Keep things as straightforward and stress-free as possible

You don’t need to have all the answers before speaking to us. A conversation is often the first step to feeling a little more in control.

If you would like to talk things through, we offer free, no-obligation consultations. You can give our friendly team a call on +44 (0)20 3137 1320, send us an email to info@gbabogados.co.uk, or use the contact form on our website. We’re here to help when you’re ready.