Succession to Spanish noble titles is hereditary, but not automatic. The original
letters patent which created the title determine the
order of succession. Payment of substantial fees is required whenever a title is inherited.
While noble titles historically have followed the rule of male-preference primogeniture, a Spanish law came into effect on October 30, 2006, after approval by both houses of the
Cortes, establishing the inheritance of hereditary noble titles by the firstborn regardless of gender. The law is retroactive to July 27, 2005.
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Following the death of a noble, the senior heir may
petition the sovereign through the Spanish Ministry of Justice for permission to use the title. If the senior heir does not make a petition within two years, then other potential heirs may do so on their own behalf. There is a limit of forty years from the vacancy by death or relinquishment of a title within which that title may be claimed and revived by an heir.
The petitioner must demonstrate that he or she is a child, grandchild or direct male line descendant of a noble (whether a grandee or not), or that he or she belongs to certain bodies or
orders of chivalry deemed noble, or that the father's family is recognized as noble (if succeeding to a grandeeship, the mother's family also). The amount of fees due depend on whether the title is attached to a grandeeship or not, and on whether the heir is a direct descendant or a
collateral kinsman of the previous holder. The petition is normally granted, except if the petitioner is a criminal.
Titles may also be ceded to heirs other than the senior heir, during the lifetime of the main titleholder. Normally, this process is used to allow younger children to succeed to lesser titles, while the highest or principal title goes to the senior heir. Only subsidiary titles may be ceded; the principal title must be reserved for the senior heir. The cession of titles may only be done with the approval of the monarch.
Spanish nobility - Wikipedia, the free encyclopedia
we can only guess who will be next duke
