If you are an heir and you don't know it, is someone telling you?

We all know that when our parents, spouses or descendants die, we are entitled to a share of the inheritance. However, when the deceased is a more distant relative or friend, things change. So much so that many people never find out that they have been considered as heirs in the will of the deceased. This may seem curious or anecdotal, but it is not at all.

If you are an heir and you don't know it, are you notified?

Normally not. In fact, the notary is not obliged to notify you of this, unless the person who has died has expressly stated in their will that they want you to be informed.

The problem is that, in most cases, the testator is also unaware of this circumstance and believes that his or her heirs will be notified when he or she dies. This leads to truly bizarre situations in which some people never exercise their rights to the inheritance to which they are entitled.

How do I find out if I am an heir?

Our advice is that, if you have the slightest suspicion that a deceased relative or friend has left you property in inheritance, you should do your best to find out.

But how do I find out if I am an heir? The process is not complicated in theory, but it can present some challenges. The first is to obtain the death certificate of the person you think may have left you some sort of inheritance, which will require you to contact their next of kin.

Once you have it in your possession, you will have to go to the General Register of Last Will and Testament Acts and ask for the Certificate of Last Will and Testament. This will show whether the deceased made a will and before which notary they did so.

At this point, all you have to do is contact the notary and give him/her the Certificate of Last Will and Testament. He or she will open it and give you a copy of the will, which will let you know if you have inherited anything or not. If there are other heirs, you will have to notify them in order to proceed with the acceptance of the assets through the notary.

What is the deadline for claiming an inheritance?

We have already answered the question of how to find out if you are an heir and we have made it clear whether the notary notifies the heirs of a will, so now it is time to talk about deadlines. Specifically, the law grants you 30 years from the date of the testator's death to inform yourself and proceed with the opening of the will. A time that, in theory, is more than enough time.

But what happens if the deceased did not make a will?

In this case, we need to talk about the declaration of intestate heirs, which is a public document that allows us to know who the heirs are (and in what proportion) of a person who has died without leaving a will.

This procedure is done before a notary and, in order to carry it out, you will have to provide the DNI of the deceased person, their death certificate and last will and testament, and the family record book. The notary may also ask for any additional evidence he or she deems appropriate.

In addition, two witnesses who know the family, but who do not have a direct interest in the declaration of heirs, must also attend. In other words, they do not aspire to be one of them and do not have any family ties (e.g. spouses or children).

Now we have fully answered the question of how to find out if I have inherited something. But if you still have any doubts, please contact us. Our inheritance lawyers will be happy to help you with anything you need.