You’d be surprised how many people never make a will.
They buy a property in Tenerife, enjoy it for years, and assume everything will somehow sort itself out later.
Sometimes it does. Sometimes it takes a bit longer.
If someone dies without a will, Spanish law still provides a clear order for who inherits.
It’s called intestate succession… but don’t worry about the fancy term.
Here’s how it works.
The Order of Inheritance Without a Will
If there’s no will, the law decides who inherits based on family relationship.
The order normally looks like this:
- Children inherit first
- If there are no children, the parents inherit
- If there are no parents, the spouse inherits
- If there is no spouse, siblings or extended family inherit
- If no relatives exist, the Spanish state inherits
It might sound strict, but the idea is simply to follow the closest family line.
Foreign Owners and Their Home Country Law
For foreign nationals, things can be slightly different.
In many cases, the inheritance rules of the person’s home country apply instead of Spanish succession law.
Unless the person lived permanently in Spain.
A lawyer normally checks which legal system applies based on residency and nationality.
This is where having a Spanish will can save a lot of time and confusion.
A Certificate of Heirs Is Required
When there’s no will, the family has to obtain a document called a Certificate of Heirs.
This officially confirms who the legal heirs are.
It involves providing documents that prove the family relationship.
Birth certificates. Marriage certificates. Sometimes several generations of paperwork.
The Process Usually Takes Longer
Inheritance without a will almost always takes longer.
Not because it’s impossible… but because more documentation is needed to prove who should inherit.
For people who own property in Tenerife, making a simple Spanish will usually avoids these delays entirely.
It’s a small bit of planning that can save your family quite a lot of paperwork later on.
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