Inheriting Property in Spain as a Non-Resident: Step-by-Step Guide
A family member has died and left you a property in Spain. You live abroad and have no idea where to start. This guide takes you through every step of the process, from death certificate to property registration.
Quick Answer
Inheriting property in Spain as a non-resident involves several steps: obtaining an NIE number, gathering certificates (death, last wills, will copy), signing the inheritance deed at a Spanish notary, paying inheritance tax within 6 months, and registering the property in your name at the Land Registry. The process typically takes 3 to 6 months. You do not need to travel to Spain — you can grant a Power of Attorney to your lawyer to handle everything on your behalf.
Handling non-resident inheritance since 1993
Legal advice in English and French
Complete Step-by-Step Process
| Step | Action | Notes |
|---|---|---|
| 1 | Obtain NIE number | Required for all heirs. Can be obtained at Spanish consulate or via Power of Attorney in Spain. |
| 2 | Death certificate | Spanish death certificate if died in Spain. If died abroad, apostilled foreign death certificate with sworn translation. |
| 3 | Certificate of Last Wills | From the Central Registry in Madrid. Can be requested 15 days after death. Confirms whether the deceased made a Spanish will. |
| 4 | Copy of the will | If Spanish will exists, obtain from the notary. If only foreign will, apostille and translate it. |
| 5 | Gather estate information | Nota Simple, bank account details, IBI receipts, community fee status, debts. |
| 6 | Grant Power of Attorney (optional) | If you cannot travel to Spain, grant POA to your lawyer at your local Spanish consulate. |
| 7 | Sign inheritance deed | All heirs (or their representatives) sign the escritura de herencia before a Spanish notary. |
| 8 | Pay inheritance tax | Within 6 months of death. Filed at the Valencian tax office. Non-residents can apply regional reductions. |
| 9 | Pay Plusvalia tax | Municipal tax on the increase in land value. Paid at the local town hall. |
| 10 | Register property | Submit the inheritance deed and tax receipts to the Land Registry to register in your name. |
Do I Need to Travel to Spain?
No. The entire process can be handled remotely through a Power of Attorney. You grant the POA at your nearest Spanish consulate (or at a notary in Spain if you happen to visit). Your lawyer then handles everything on your behalf — signing the inheritance deed, paying taxes, and registering the property. Many of our clients complete the entire inheritance process without ever travelling to Spain.
What If There Is No Spanish Will?
If the deceased did not make a Spanish will, the process is more complex and expensive. You will need to obtain an apostilled copy of the foreign will (or a declaration of intestacy from the home country), have it officially translated into Spanish by a sworn translator, and present it to the Spanish notary. This adds several weeks and significant costs to the process. This is why we always advise property owners to make a separate Spanish will.
What If There Are Multiple Heirs?
If the property is inherited by several heirs, they become co-owners (pro indiviso). All heirs must agree on what to do with the property — keep it, sell it, or have one heir buy out the others. If heirs cannot agree, any heir can request a judicial partition (division judicial de la herencia) through the courts, though this is slow and expensive.
What If I Want to Sell the Property?
Areas We Serve
We handle non-resident inheritance cases across the Costa Blanca, including Javea (Xabia), Moraira, Denia, Altea, and the wider Valencian Community.
Frequently Asked Questions
How long does the inheritance process take in Spain?
With a Spanish will and all documents in order, the process typically takes 3 to 4 months. Without a Spanish will (using a foreign will), expect 5 to 8 months due to the additional apostille and translation requirements.
Can I inherit a property in Spain if I am not an EU citizen?
Yes. There are no nationality restrictions on inheriting property in Spain. You will need an NIE number and must pay Spanish inheritance tax, but any person of any nationality can inherit.
Do I have to pay inheritance tax in both Spain and my home country?
You pay Spanish inheritance tax on assets located in Spain. You may also have a liability in your home country. Many countries have double taxation agreements or unilateral relief provisions to avoid paying twice. Your lawyer and tax adviser in both countries should coordinate to minimise your total tax bill.
What if the deceased had debts in Spain?
Debts form part of the estate. If you accept the inheritance unconditionally, you inherit the debts too. We recommend accepting with benefit of inventory if you have any doubt about the financial situation, which limits your liability to the value of the inherited assets.
Can the inheritance be done entirely by Power of Attorney?
Yes. You grant the Power of Attorney at your nearest Spanish consulate, and your lawyer handles everything else in Spain on your behalf — from gathering documents to signing the deed and paying taxes.
Inherited Property in Spain? We Handle Everything for You
Contact our experienced inheritance lawyers — no need to travel to Spain.
Call us: 965 792 946 | 607 320 768
