Inheritance without a will in Mijas: where should the family start?

Check whether there really is no applicable will

A missing copy at home does not prove that no will exists. The Spanish Certificate of Last Wills identifies registered testamentary acts and helps locate the relevant notary. It is not itself a copy of the will or a document transferring the estate.

For a family with links abroad, also investigate overseas wills and succession documents. A Spanish certificate alone should not be treated as proof that no testament exists anywhere. Nationality, habitual residence and any valid choice of law can affect which succession rules apply to the Mijas property.

Who inherits, and who confirms their entitlement?

Under Spanish common civil law, the intestacy rules establish an order of relatives and rights that must be checked against the actual family tree. A surviving spouse, children, parents or siblings do not necessarily receive equal shares. Separation, representation by descendants and other circumstances can change the result.

Where a Spanish notarial declaration of heirs is appropriate, a notary with legal competence for the case reviews the evidence and identifies the persons entitled. The location of the property alone does not mean that every notary in the Costa del Sol is competent. Cross-border cases may require coordination with foreign proceedings.

Prepare evidence before arranging the declaration

• Death certificate and Spanish last-wills certificate, together with any will located.
• Birth and marriage certificates or other evidence connecting the relevant relatives.
• An accurate family tree, including predeceased relatives and their descendants.
• Details of the deceased's last residence, nationality and assets in Spain and abroad.
• Identification and the witnesses or additional evidence requested by the notary.

Foreign documents may require additional formalities depending on their origin and use. Ask the notary what is needed before ordering them, and make sure names, dates and family relationships are consistent across the records. Resolving discrepancies early can prevent avoidable delays.

A declaration of heirs is not the completed inheritance

The declaration establishes entitlement; it does not replace the inventory, the decision about accepting or renouncing, the allocation of assets, tax filings or Land Registry work. Check debts before taking steps that could amount to acceptance. If several heirs want different outcomes, address that before promising a sale of the whole home.

Keep the tax timetable running alongside the notarial work. Waiting for family certificates does not automatically suspend filing deadlines. In Andalucía, an inheritance-tax extension must be requested within the applicable time limit and can involve interest; seek advice early rather than assuming the declaration gives extra time.

Frequently asked questions

Does the Spanish State automatically inherit if there is no will?

No. The applicable intestacy rules must first be examined. Under Spanish common civil law, eligible relatives are considered before the State.

Can I market the Mijas home before the inheritance is finished?

You can seek advice about a possible sale, but avoid signing binding commitments for the whole property without confirming who has authority, which signatures are needed and when the title can be completed.