Declaration of Heirs Act (when there is no will)

Competent notary: depending on the date of death of the testator. If this was before 17.08.2015 this would be: the testator’s address at the time of death, where the majority of their wealth is located at the time of death, or the place of death.

Documentation that must be provided:

• The deceased’s death certificate.
• General Registry of Last Wills and Testaments Certificate (if you do not have one we can obtain one for you).
• The deceased’s census certificate.
• The deceased’s ID Card.
• The deceased’s family book (if they have one).
• The deceased’s marriage certificate.
• Birth certificate for all children.
• Personal details including ID Card of two witnesses who will have to sign the act. They must know the circumstances of the deceased (identity, marriage, children). Relatives or persons who may, directly or indirectly, have an interest in the inheritance can not be witnesses.
• Heirs’ personal details.
• In the case of a widow(er), the spouse’s death certificate.

Very important: all certificates must be official certified copies (these can be requested from the Civil Registry).
Once the request is signed, the deadline for the conclusion of the act is 20 business days.