Who Are the Heirs · Las Rozas de Madrid

Who Inherits Under Spanish Law in Las Rozas de Madrid?

Understanding who has legal rights to an estate is the essential first step. Spanish succession law has its own rules about forced heirs, the order of succession and the rights of international heirs.

Spanish succession law

Two Situations: With a Will and Without a Will

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With a Valid Will (Herencia testada)

The deceased's will determines who inherits and in what proportions. However, Spanish law restricts how freely a person can dispose of their estate — forced heirs (herederos forzosos) are always entitled to a minimum share called the legítima, regardless of what the will says.

A foreign will may be valid in Spain, but must comply with formal requirements. We advise on whether an existing will is recognised in Las Rozas de Madrid.

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Without a Will (Herencia intestada)

If the deceased left no valid will, Spanish law dictates exactly who inherits and in what order. The estate passes through the intestate succession rules set out in the Spanish Civil Code, regardless of any informal wishes expressed by the deceased.

We open the intestate procedure by obtaining a Declaration of Heirs (Acta de Declaración de Herederos) before a notary in Las Rozas de Madrid.

Forced heirs

The Legítima: Spain's Mandatory Inheritance Rules

Unlike in common-law countries (UK, USA, Australia, etc.), Spanish law does not allow a testator to disinherit their closest relatives freely. The legítima is a reserved portion of the estate that must go to the herederos forzosos. Its size depends on the family structure:

Heirs	Forced share (legítima)	Freely disposable portion
Children and descendants	2/3 of the estate	1/3 freely disposable
Children + surviving spouse	Children: 2/3 · Spouse: usufruct of 1/3	1/3 freely disposable
No children, but parents alive	Parents: 1/2 of the estate	1/2 freely disposable
Surviving spouse (no children, no parents)	Spouse: usufruct of 2/3 of the estate	Remainder
No forced heirs	None — estate disposed freely by will	100% freely disposable

      Note: Catalonia, Aragón, the Basque Country, Navarre, Balearic Islands and Galicia have their own regional succession laws (derechos forales) that modify these rules significantly. If assets are located in madrid, we will advise you on precisely which rules apply.
    

Without a will

The Order of Intestate Succession in Spain

When no valid will exists, the estate in Las Rozas de Madrid passes under the following order. Each group only inherits if the preceding group has no surviving members:

1st

Descendants

Children inherit in equal shares. If a child has predeceased the testator, that child's own children (grandchildren) inherit their share by representation (por estirpes).

2nd

Surviving Spouse

The surviving spouse inherits a usufruct (right of use and income) over 1/3 of the estate when children are present, or 1/2 when only parents survive. If no descendants or ascendants, the spouse inherits everything.

3rd

Ascendants (Parents / Grandparents)

Parents inherit equally. If only one parent survives, they inherit the full parental share. Grandparents inherit if both parents have predeceased the testator.

4th

Collateral Relatives

Siblings and their descendants, then other collateral relatives up to the fourth degree (cousins). More distant relatives do not inherit under Spanish intestate law.

5th

The Spanish State

If no relatives within the fourth degree exist, the entire estate passes to the Spanish State (Estado Español). This outcome is rare but can occur with isolated foreign nationals who have no surviving family.

International dimension

EU Succession Regulation 650/2012 and Non-EU Nationals

Since August 2015, EU Regulation 650/2012 has governed cross-border inheritances within the EU. Under this regulation:

Default rule: The law of the country where the deceased was habitually resident at the time of death governs the entire estate — including assets in other EU countries.
Choice of law: A person may choose the law of their nationality to govern their succession, by including this election in a valid will.
Non-EU nationals: For citizens of non-EU countries (UK post-Brexit, USA, Australia, etc.), the regulation's rules may still apply if they were resident in the EU. UK citizens are particularly affected since Brexit removed automatic EU regulation coverage.

      Practical impact in Las Rozas de Madrid: If the deceased was a foreign national who lived in Las Rozas de Madrid and left no will, Spanish law — including Spanish forced heir rules — may govern their entire worldwide estate. We identify which law applies and advise you accordingly before opening the inheritance procedure.
    

Common questions

FAQ — Heirs and Succession in Las Rozas de Madrid

Does my foreign will protect my assets in Las Rozas de Madrid?

A foreign will can be valid in Spain if it meets the formal requirements of the country where it was made and is properly apostilled and translated. However, it cannot override Spain's forced heir rules (legítima) if Spanish law governs the estate. We will review your will and advise on whether it is enforceable as written.

Is an unmarried partner a legal heir in Spain?

Under Spanish civil law, unmarried partners (parejas de hecho) have no automatic inheritance rights — they are not legal heirs unless named in a will. Some autonomous communities grant registered partners certain rights. If the deceased did not leave a will naming their partner, we advise urgently on the options available.

Are stepchildren legal heirs under Spanish law?

Stepchildren are not legal heirs unless formally adopted. They can only inherit if named in a valid will. This is an important distinction for blended families who have not taken legal advice on their Spanish estate planning.

What if some heirs live outside Spain?

Non-resident heirs have exactly the same legal rights as resident heirs. The process is the same — we simply manage everything remotely under power of attorney so that no heir needs to travel to Las Rozas de Madrid to participate in the succession.