Can I Inherit Property in Spain as a Non-Resident?

Yes. Living outside Spain does not stop you from inheriting a property here, and neither does your nationality. What changes is the procedure: the inheritance of a property in Spain is dealt with in Spain, before a Spanish notary and with Spanish inheritance tax, and as a non-resident you will normally do all of it through a power of attorney, without travelling.

In short What a non-resident heir has to do

• NIEA Spanish foreigner’s identity number. It has to be applied for in person, at a Spanish consulate in your country or in Spain; it cannot be obtained by power of attorney.
• Power of attorneySigned at a Spanish consulate or before a notary where you live, apostilled and translated. With it, we act for you in Spain.
• Inheritance taxFiled in Spain within six months of the death. An extension can be requested within the first five months.
• Deed and registrationThe deed of acceptance is signed before a Spanish notary and the property is registered in your name at the Land Registry.

Tax in Spain Do non-residents pay more tax?

Not any more as a rule. Non-resident heirs used to be taxed under the less favourable state rules. Today they can generally apply the rules of the region where the property is, and in the Valencian Community close family members benefit from substantial reductions. We handle the Spanish filing. Whether you also have to declare the inheritance in your own country is a matter for your adviser there.

Afterwards Keeping or selling the property

Once the property is registered in your name, you can keep it or sell it, also by power of attorney. As a non-resident seller, part of the price is withheld by the buyer and paid to the Spanish tax office on account of your tax; we deal with it as part of the sale. See selling inherited property in Spain.

Questions

Do I need to be resident in Spain to inherit?

No. Residence and nationality do not affect your right to inherit. They can affect which law governs the succession, which we check at the start of each case.

Has Brexit changed anything for British heirs?

No. British heirs inherit a property in Spain in the same way as before, and also by power of attorney.

What if there are debts?

The inheritance can be accepted “a beneficio de inventario”, which limits your liability to the value of what you inherit, or renounced. See our guide on how to accept or reject an inheritance in Spain.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca: Jávea, Moraira, Teulada, Benitachell, Benissa, Dénia and Altea. For the full procedure, see our guide to inheriting property in Spain as a non-resident and our guide to probate in Spain.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your inheritance

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Co-owners after the inheritance? See buying out a co-owner or selling your share.

How we meet In person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every inheritance is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next step What happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every estate is different and you should take advice on your own circumstances before acting.