What happens to the homes of those neighbors who are older and do not have children or close relatives? You have probably heard that it is the State that inherits.

Suppose we have a neighbor who has no known family: no children, no siblings, no close family. What would happen to your home and savings if you have not made a will?

The will is what determines who will be the heirs of an estate, but if it does not exist, it will be determined by article 956 of the Civil Code, which maintains that "in the absence of people who have the right to inherit... the State will inherit." The forced heirs will be the children and descendants; then the parents and descendants; then, the spouse, and the relatives and collateral relatives up to four degrees of consanguinity.

In the event that none of them claim the inheritance or all of them renounce (many relatives renounce inheritances due to the tax burdens that must be paid, such as the Inheritance and Donation Tax), it is the State that inherits the assets.

Therefore, the Public Administration is the one who becomes the legitimate heir of said home. However, it will be obliged to appraise and auction it, unless it is going to be used for some public purpose.

The State also offers anyone who reports a person who has died without heirs and without will 10% of the liquid assets, having subtracted the debts or expenses generated when accepting an inheritance. Therefore, individuals who report an estate without heirs may collect 10% of the part of the inheritance that corresponds to the State.

A letter must be addressed to the provincial Treasury delegation notifying about the death of the person and their assets if known.

Leocricia González Lawyers