Denounce of an inheritance in Spain without heirs

In the event that we have knowledge of an inheritance in Spain in which no heirs have appeared, we can benefit from the right to a prize for the complaint of an inheritance without heirs that corresponds to the State or the relevant territorial administration.

Reporting an inheritance in Spain to the State has a right to a prize of 10% of the value of the denounced inheritance, however, the complaint writing must be made in compliance with a series of requirements.

Currently, there are many complaints that, due to lack of any requirement, remain without a prize. For this reason, it is essential to have the help of expert an inheritance lawyer so that they can advise us correctly at the time of making the complaint.

Persons who denounce the existence of assets that, due to lack of heirs, could correspond to the State, will be paid as a prize 10% of the value of the assets or rights denounced, provided that these assets are finally incorporated into the State Heritage. However, not everyone is entitled to this award.

Both public officials and people who, by reason of their position, have knowledge of the intestate death of a person who lacks heirs, have the obligation to notify the Delegation of Finance, without the right to receive a prize being recognized.

Documents to make the report

To make the complaint, you must provide the following documents:

  1. Death certificate of the deceased.
  2. Certificate of last wills.
  3. Data or documents that prove the assets owned by the deceased.

Procedure for communicating it to the state

When there are no heirs, or those called to inherit have renounced the inheritance, the existence of this inheritance can be communicated to the State. The procedure will be initiated ex officio or by complaint by whoever has knowledge of it, and the Delegation of Economy and Finance corresponding to the place of the last known domicile of the deceased will be competent for its processing.

Once the acts and verifications that are necessary to determine the origin of the inheritance rights of the General State Administration have been carried out, an inventory will be made with the assets and rights of the deceased.

How is the inheritance shared?

The debts that the inheritance may have will be paid with the inheritance and the surplus will be awarded to the State.

When the State takes possession of the assets and rights of the deceased, it will allocate 2/3 of the inheritance for social interest purposes. The rest must be deposited in the Public Treasury.

Our team has more than 15 years of experience in inheritance law in Spain.


Contact our inheritance lawyer for more information.