Property Inheritance Rules

• Spouse and descendants (children)

• Spouse and ascendants (parents)

• Siblings and their descendants

• Other relatives up to the 4th degree (Family relatives up to the 4th degree are those who have a more distant but still significant connection. This includes cousins, great-nephews, and great-uncles)

• State

In other words, if the deceased is married and/or has children, they are the ones who have the right to the property first. If there are no children, the right goes to the parents.

If there are no relatives up to the 4th degree to claim the right to the property, it is handed over to the State.

In the case of a mortgage loan, if one of the owners dies, due to the mandatory cover of the loan, the mortgage is paid.

In the case of a property lease, if the holder of the contract dies, the lease expires. However, as a spouse who also lived in the property together with the tenant at the time of death, you have the right to transfer the lease. The descendant has the right to transfer the lease if he lived in common economy with the deceased for over a year. The right to transfer does not apply if, on the date of the tenant's death, the holder of that right has another house, owned or rented, in the area of ​​the same municipality To transfer the lease, you must send the landlord, within three months, a copy of the documents proving the transfer, such as the death certificate, marriage certificate for the spouse, and birth certificate for children. If you do not do so within the established period, you may have to incur losses, but you are not prevented from carrying out the transfer.

We always suggest seeking professional advice if you have any questions about your personal situation. We have also information available for Members related to this subject on our website (bulletins: N02E, N06E, N07E and N08E). 

This article was checked and verified by Dr Eduardo Serra Jorge  www.esjadvogados.com