Short answer. Yes. Under Civil Code Article 841, a will is valid even if it contains no institution of an heir at all. The specific legacies and devises it does contain are carried out, and whatever is left over passes to the legal heirs by intestate succession.
What the law says
A will shall be valid even though it should not contain an institution of an heir, or such institution should not comprise the entire estate, and even though the person so instituted should not accept the inheritance or should be incapacitated to succeed. In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs.
Civil Code, Article 841 — A Will Is Valid Even Without an Institution. Read the full provision →
No heir named? The will is still good
Many people assume that a will without a formally named heir is defective or incomplete. Article 841 corrects that assumption directly: a will is valid even without any institution of an heir. The testator may have written a document that only gives away specific items — a house to one person, jewellery to another, a business to a third — without ever using the words 'I institute so-and-so as my heir.' That document is still a valid will. The testamentary dispositions it contains are carried out. The residue — whatever remains after the legacies and devises are satisfied — passes to the legal heirs by intestate succession.
Three scenarios that do not invalidate the will
Article 841 identifies three situations that might seem problematic but do not affect the will's validity. First, the will contains no institution of an heir at all. Second, the institution of an heir does not cover the entire estate — the testator named an heir for part of the property but left the rest undisposed of. Third, the named heir refuses the inheritance or is incapacitated to inherit. In all three cases, the answer is the same: the will's other testamentary dispositions are carried out, and whatever is left goes to the legal heirs.
What happens to the remainder of the estate
The remainder of the estate — after all valid legacies and devises have been satisfied — passes to the legal heirs. These are the heirs who would inherit under intestate succession if there were no will at all: the surviving spouse, legitimate children, and other relatives in the order established by the Civil Code. The will governs specific items; the law governs what is left over. The will and intestacy work together rather than against each other in this scenario.
The will still needs to go through probate
Article 841's flexibility does not remove the need for probate. A will without a named heir still has to be presented to the court, authenticated, and allowed before the testamentary dispositions can be carried out and before anyone can formally take possession of the estate. The absence of a heir-institution clause is not a ground to skip the probate process; it only means that once the specific legacies are distributed, the remainder of the estate settles by intestacy rather than by testamentary direction. If you are dealing with a will like this, consulting a lawyer to guide you through the probate and distribution process will clarify who gets what and in what order.