What Happens If Someone Dies Owning Property in Spain?
When a person dies owning property in Spain, the heirs must complete a formal probate process (declaración de herederos) in Spain before they can sell, transfer, or use the property. This applies regardless of the deceased’s nationality — British, Dutch, French, Belgian, or any other. The property cannot simply be transferred based on a will from another country without going through the Spanish legal process.
The Spanish Probate Process — Key Steps
- Obtain the death certificate and have it apostilled and translated into Spanish if issued abroad
- Request the Certificate of Last Wills (Certificado de Últimas Voluntades) from the Spanish Ministry of Justice — this confirms whether a Spanish will exists
- Locate the will: If a Spanish will exists, it simplifies the process enormously. If not, the foreign will must be apostilled, translated, and validated in Spain
- NIE numbers: All heirs must obtain a Spanish NIE (tax identification number)
- Sign the inheritance deed (escritura de aceptación de herencia) before a Spanish notary
- Pay inheritance tax within 6 months of the death (extendable by another 6 months with interest)
- Register the property in the heirs’ names at the Land Registry
Do I Need a Spanish Will?
It is strongly recommended. Having a Spanish will that covers your Spanish assets dramatically simplifies and speeds up the inheritance process. Without one, your heirs face additional delays, translation costs, and legal complexity.
How Long Does Probate Take in Spain?
Typically 3 to 6 months, depending on the complexity. If there is no Spanish will, or if there are disputes between heirs, it can take considerably longer.
We Handle the Entire Process
At Tomas Ballestero Lawyers, we manage the complete probate process for international families — from obtaining death certificates to paying inheritance tax and registering the property. With 30+ years of experience and Power of Attorney, your heirs do not even need to travel to Spain.
Free initial consultation — no obligation: Call +34 965 792 946 | WhatsApp +34 607 320 768 | Email [email protected]
This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please contact our office directly.
Dealing with a property inheritance in Spain? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.
