Inheritance Lawyer in Jávea

When someone dies owning a home or a bank account in Spain, the heirs have to deal with it in Spain, whatever country they live in and whatever law governs the rest of the estate. We handle that Spanish side from start to finish.

Our clients are families from the United Kingdom and Ireland, the Netherlands, Belgium, Scandinavia, Germany, the United States and beyond, and we work with them in English, or in French or Spanish if they prefer. Most of them never travel: with a power of attorney signed in their own country, we act for them before the Spanish notary, the tax office, the banks and the Land Registry.

Step by stepHow a Spanish inheritance is settled

• The documentsThe death certificate, the certificate from the Spanish Registry of Last Wills, the will or wills and the property deeds. Foreign documents need the apostille and a sworn translation. We tell you exactly what is needed.
• A NIE for each heirEvery heir needs a Spanish NIE. It has to be applied for in person, in Spain or at a Spanish consulate; we tell you how, as part of the inheritance.
• If there is no willThe heirs are first declared before a Spanish notary (declaración de herederos), under the law that applies to the estate.
• The inheritance deedThe acceptance and allocation of the estate (escritura de aceptación y adjudicación de herencia) is signed before a Spanish notary, in person or by power of attorney.
• The taxesSpanish inheritance tax depends on the region where the property is, with its own reductions and its own deadline. We calculate and file it on time, together with the municipal plusvalía.
• Registry and banksThe property is registered in the heirs’ names and the bank releases the accounts. You then decide whether to keep, rent or sell.

Which law appliesThe European Succession Regulation

Since August 2015, EU Regulation 650/2012 decides which country’s law governs a cross-border estate. As a rule it is the law of the country where the deceased was habitually resident, for the whole estate, including the property in Spain. A person can instead choose, in their will, the law of their nationality. Spain applies the Regulation whatever the nationality of the deceased, so it matters for British and American owners too.

Whatever law applies, the property in Spain still goes through the Spanish notary, the Spanish tax office and the Spanish Land Registry. That is the part we do. We do not advise on the law of other countries: we work alongside your solicitor or notary at home, so that the two procedures are consistent.

Planning aheadA Spanish will

If you own property in Spain, a Spanish will for your Spanish assets makes things much simpler for your heirs: it is written in Spanish, registered in Spain and recognised straight away by the notary and the banks. A foreign will can also be used, but it needs the apostille, a sworn translation and often a certificate on the law of the country where it was made, which adds time for the family. For clients whose purchase or inheritance we handle, we draft the Spanish will so that it fits with the will you have at home rather than contradicting it.

If the estate has debts, the heirs can accept with the benefit of inventory, which limits their liability to what they inherit, or renounce. We look at that before anyone signs. More on accepting or rejecting an inheritance in Spain.

ExamplesWhat this looks like in practice

Situations of the kind we deal with regularly, described in general terms.

1. A holiday apartment left to children who live abroad. They have only ever visited Spain on holiday. We obtain the Spanish documents, they sign a power of attorney at home, and the apartment is registered in their names without anyone travelling.
2. A villa with heirs in three countries. Each heir signs a power of attorney in their own country. We coordinate the documents and the signatures so that the inheritance deed is signed once, for all of them.
3. A spouse who died without a Spanish will. The surviving spouse does not know what happens to the family home. We establish which law applies, declare the heirs before the notary and explain what the surviving spouse is entitled to before anything is signed.
4. Heirs who want to sell. Once the inheritance is registered the property can be sold. We handle the sale too, so that the two steps follow one after the other.

QuestionsFrequently asked questions

Do I have to travel to Spain?

No. A power of attorney signed before a notary in your own country, with the Hague apostille and a sworn translation, allows us to act for you. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How long does it take?

It depends mainly on how quickly the documents from abroad arrive. Spanish inheritance tax has its own legal deadline, so it is best to contact us soon after the death.

Can you work with my solicitor or notary at home?

Yes. We deal with the Spanish side and exchange documents with your adviser at home. We do not advise on the law of other countries.

Can the property be sold once it is inherited?

Yes. Once the inheritance deed is registered, the heirs can keep it, rent it or sell it, and we can handle the sale.

How we work

We are independent lawyers. Each inheritance is handled personally by one of our lawyers, who keeps you informed by email, phone, WhatsApp or video call. We reply the same day.

Thinking of passing your property on during your lifetime instead? See gifting property in Spain.

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

Buying or selling in Jávea? See our property lawyers in Jávea.

How we meetIn 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 stepWhat 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.

Disclaimer. The information on this page is general in nature and does not constitute legal advice. Every estate is different, and the applicable rules may change. No decision should be taken on the basis of this page alone without obtaining advice on your specific case. Tomas Ballestero Lawyers accepts no liability for actions taken in reliance on this general information.