Affidavit of heirship for a Spanish inheritance

An affidavit of heirship proves who the legal heirs of a deceased person are when they left no will. It is very common in US estates and is used to establish heir status in Spain.

What it is and what it is for

It is a statement under oath, usually made by people who knew the deceased and their family, identifying the heirs and their relationship. It allows the succession to move forward when there is no will or other title of succession.

Affidavit of heirship vs. the Spanish declaration of heirs

In Spain, when there is no will, heir status is established through a notarial declaration of intestate heirs (declaración de herederos abintestato). The affidavit of heirship is its functional equivalent in common-law countries; when an estate connects both systems, they must be coordinated and one often has to be translated and apostilled for the other.

How we handle it

We identify which document each authority requires, coordinate its drafting and signing, and arrange the sworn translation and apostille so it is valid in Spain. It is part of our affidavit service for Spanish inheritances.

When is an affidavit of heirship needed?

When the deceased left no will and you need to prove who the heirs are, especially in estates connected to the United States.

Is a foreign affidavit of heirship valid in Spain?

It can serve as evidence, duly translated and apostilled, but often has to be supplemented by the Spanish notarial declaration of heirs. We assess each case.

What if the heirs disagree?

If there is a dispute about who the heirs are or how to divide the estate, court proceedings may be needed. We advise you on the best option.