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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Declaration of heirs

Updated 17/07/2025

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A declaration of heirs (declaración de herederos) is a legal act whose purpose is to identify and recognise the people who, by law, are entitled to inherit the assets and rights of a deceased person who did not leave a will (intestate succession). This procedure can be carried out before a notary when the deceased died without a will and there are no other court proceedings pending.

This declaration is essential in order to manage the inheritance and lawfully deal with the deceased's assets.

What is a declaration of heirs used for?

  • To formally identify the lawful heirs when there is no will
  • To facilitate the legal transfer of inherited assets and rights
  • To allow inherited assets to be recorded in public registries
  • To avoid future disputes over ownership of the estate

What does the notary do in a declaration of heirs?

  1. Investigates and verifies the family relationship and inheritance rights of the potential heirs
  2. Gathers and reviews documents such as birth, death and marriage certificates and others
  3. Drafts the notarial record (acta) or public deed (escritura pública) of declaration of heirs
  4. Identifies and summons the interested parties so that they can confirm their wishes and position
  5. Authorises the record or deed that officially recognises the lawful heirs
  6. Provides copies for subsequent procedures

Usual procedure

  • Application to a notary after a death without a will
  • Submission of documents proving the death and the family relationships
  • Investigation and verification by the notary of the forced heirship share (legítima) and the heirs
  • Execution of the notarial record or public deed of declaration of heirs
  • Use of the document to manage the inheritance (registry, banks, etc.)
  • Heirs can only be declared when there is no will
  • The law sets an order of priority in intestate succession (descendants, ascendants, spouse, collateral relatives)
  • The notary must make sure that there are no other court proceedings pending in relation to the estate
  • The declaration speeds up the succession process and avoids litigation

The notarial record or deed of declaration of heirs executed before a notary has the status of an authentic public document, proving that the persons named are heirs and allowing them to exercise their inheritance rights with full legal certainty.

Other Inheritance and gifts procedures

Will What I need and how it works Acceptance of inheritance What I need and how it works Renunciation of an inheritance What I need and how it works Supplementary inheritance deed What I need and how it works Succession agreement What I need and how it works Last wishes What I need and how it works Gift (donación) What I need and how it works Payment of the forced heirship share (legítima) What I need and how it works Delivery of legacies What I need and how it works Sale of inheritance rights What I need and how it works European Certificate of Succession What I need and how it works

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Family Company Law Property and mortgages Powers of attorney Notarial certificates (actas) Commercial contracts (pólizas) Signature and copy certification Second copies