{"id":167266,"date":"2025-09-03T10:40:06","date_gmt":"2025-09-03T10:40:06","guid":{"rendered":"https:\/\/teknomers.com\/en\/inheritance-without-a-will-what-happens-if-one-of-the-heirs-has-passed-away-and-how-is-the-inheritance-distributed\/"},"modified":"2025-09-03T10:40:06","modified_gmt":"2025-09-03T10:40:06","slug":"inheritance-without-a-will-what-happens-if-one-of-the-heirs-has-passed-away-and-how-is-the-inheritance-distributed","status":"publish","type":"post","link":"https:\/\/teknomers.com\/en\/inheritance-without-a-will-what-happens-if-one-of-the-heirs-has-passed-away-and-how-is-the-inheritance-distributed\/","title":{"rendered":"Inheritance without a will: What happens if one of the heirs has passed away, and how is the inheritance distributed?"},"content":{"rendered":"\n
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One of the \u00a0more important things\u00a0 that you have to know once a person has died is whether a \u00a0will\u00a0 was left or not. In this legal document, individuals express their \u00a0last wishes\u00a0 and outline the distribution of their assets. The existence of a will significantly facilitates the process of receiving an \u00a0inheritance\u00a0.<\/p>\n

Without a will, the process becomes considerably more complicated. This situation is referred to as \u00a0intestate succession\u00a0, commonly known as \u00a0ab intestate\u00a0. In this case, it is the \u00a0law\u00a0 that dictates the distribution of assets, identifying who the heirs are, the order in which they receive their inheritance, and prioritizing \u00a0the closest relatives\u00a0.<\/p>\n

Article 912 of the Civil Code outlines several circumstances that can lead to intestate succession:<\/p>\n

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  1. When an individual \u00a0dies without a will\u00a0 or possesses a will that is null or has lost its validity.<\/li>\n
  2. When the will \u00a0does not identify the heir\u00a0 for some or all of the assets, or fails to account for all the deceased’s properties. In this scenario, legitimate succession occurs only for the assets not addressed in the will.<\/li>\n
  3. When the \u00a0condition attached to the institution of the heir\u00a0 cannot be fulfilled, or if the heir dies before the testator or \u00a0renounces the inheritance\u00a0 without a substitute or the right to expand their share.<\/li>\n
  4. When the appointed heir is \u00a0unable to inherit\u00a0.<\/li>\n<\/ol>\n

    What if one of the heirs has died?<\/h2>\n

    According to \u00a0Article 913 of the Civil Code\u00a0, there is a clear \u00a0order of priority\u00a0 for inheritance distribution when no valid will exists. The first priority goes to \u00a0the deceased’s relatives\u00a0, followed by the widow or widower, and finally, if applicable, \u00a0the State\u00a0.<\/p>\n

    In cases where there are descendants, \u00a0children\u00a0 take precedence in the division of the inheritance, sharing it equally. If no children are alive, the inheritance is then passed to their children (the deceased’s \u00a0grandchildren\u00a0), following the principle of lineage. Grandchildren will only inherit \u00a0the portion\u00a0 that their parent would have received had they been alive.<\/p>\n

    To clarify, let us consider a scenario: if a person with four children passes away, each child will receive a quarter of the estate (25%). Should one child predecease the parent, that child’s share will be transferred to their children. For example, if there are two grandchildren, they would each receive half of that portion, thus distributing the inheritance fairly.<\/p>\n