Many people die without making a will in Spain. In these cases, Tenerife inheritance law still provides a clear system for deciding who inherits the property. Here is a simple explanation of how intestate inheritance works.
The Order of Inheritance Without a Will
- 1. Children inherit first
- 2. If no children: parents inherit
- 3. If no parents: spouse inherits
- 4. If no spouse: siblings or extended family inherit
- 5. If no family: the Spanish state inherits
Foreign nationals follow their home country’s rules unless they lived permanently in Spain. A lawyer will check the correct legal system based on residency.
A Certificate of Heirs Is Required
Without a will, a special document must be prepared to officially confirm the heirs. This takes extra time, especially for international families.
The Process Takes Longer
Inheritance without a will normally takes longer because more documents are needed to prove the family relationship. A Spanish will avoids these delays.

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