He testament It is a document that facilitates and speeds up the partitioning process estate. However, this is not always the case, which is why the guidelines of the Civil Code must be followed.
Although the majority of the population chooses to leave the country Living will it is important to know the protocol to follow in his absence.
One of the most important points in the case of no will is the order of heirs for the division of inheritance. That is, what corresponds to each family member in terms of hereditary estate.
Children and descendants are at the top Order of heirs. Every child has an equal share of the inheritance. If a child dies, their share passes to their descendants, such as grandchildren. In the absence of children and grandchildren, parents and other ancestors have the right of inheritance by dividing the inheritance equally between father and mother.
Spouses and other family members
If there are no ancestors in the ascending or descending line, the spouse is next in line, unless he or she was legally separated at the time of death. If there is no spouse, siblings and other relatives up to the fourth degree are entitled to the inheritance.
When the state intervenes
If the deceased has no close relatives, the inheritance falls into the hands of the state.
It is important to note that in some regions, such as Navarre, Catalonia, the Balearic Islands, Aragon, the Basque Country and Galicia, special inheritance regulations apply, which, however, always respect the framework of the Civil Code.
Forced heirs and inheritance distribution
The inheritance is divided into three thirds: inheritance, inheritance and free disposal. The first two thirds belong to the forced heirs, which also include children, descendants and, in their absence, parents and relatives in the ascending line. The freely available third, however, can be allocated to each person through a will.
With sufficient information and knowledge of the Civil Code, the distribution of inheritance without a will can be handled in an orderly manner and fairly for everyone involved.