Inheriting Property in Spain as a Non-Resident
Losing a loved one is difficult enough without having to navigate an unfamiliar legal system in a foreign country. If you have inherited property in Spain, whether as a resident expat or from the UK, understanding the probate and inheritance process is essential to avoid costly mistakes and delays. Spanish inheritance law is fundamentally different from the English system, and the process involves several steps that must be completed in the correct order and within strict time limits.
At Tomas Ballestero Lawyers, we have been helping British families through the Spanish inheritance process for over 30 years. Here is our step-by-step guide to inheriting property in Spain.
Step 1: Obtain the Death Certificate
The first document you need is the death certificate. If the person died in Spain, this is obtained from the Civil Registry (Registro Civil) where the death was recorded. If they died in the UK, you will need the UK death certificate, which must be legalised with an Apostille and translated into Spanish by a sworn translator before it can be used in Spain.
Step 2: Obtain the Certificate of Last Wills
After the death, you must wait a minimum period (usually around 15 working days) before you can request the Certificado de Últimas Voluntades from the Ministry of Justice in Madrid. This certificate confirms whether the deceased made a Spanish will and, if so, which notary holds it. If there is a Spanish will, the notary will provide you with an authorised copy (copia autorizada).
Step 3: Gather the Required Documentation
In addition to the death certificate and the will, you will need the NIE numbers of all heirs, the original title deed (escritura) of the Spanish property, the most recent IBI (property tax) receipts, a Nota Simple from the Land Registry confirming the current ownership and any charges on the property, bank statements showing the balance at the date of death for any Spanish bank accounts, and identity documents (passports) of all heirs.
Step 4: Acceptance of Inheritance Before a Notary
All heirs must appear before a Spanish notary to sign the deed of acceptance of inheritance (escritura de aceptación de herencia). This deed identifies the deceased, the heirs, the assets being inherited and how they will be distributed according to the will or the applicable law. If an heir cannot travel to Spain, they can grant a power of attorney to their lawyer to sign on their behalf.
Step 5: Pay Inheritance Tax
Spanish inheritance tax (Impuesto sobre Sucesiones) must be paid within six months of the date of death. Each heir files an individual tax return and pays their share of the tax. As mentioned in our guide on inheritance tax, the Valencian Community currently offers a 99% reduction for close family members, significantly reducing the tax burden. Your lawyer will prepare the tax declarations and ensure they are filed correctly and on time.
Step 6: Pay the Plusvalía Tax
In addition to inheritance tax, the heirs must pay the plusvalía municipal tax (Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana), which is a local tax on the increase in the value of the land. This must also be paid within six months. Your lawyer will calculate and file this tax with the local town hall (Ayuntamiento).
Step 7: Register the Property
Once the deed of acceptance has been signed and all taxes paid, the property can be registered in the names of the heirs at the Land Registry. This is the final step that officially transfers ownership. Your lawyer will handle the registration and ensure the property records are updated.
What If There Is No Spanish Will?
If the deceased did not make a Spanish will, the process becomes considerably more complicated and expensive. If they made a UK will, it must be submitted to UK probate, then the grant of probate must be Apostilled, translated and presented in Spain. If there was no will at all, a declaration of heirs (declaración de herederos) must be obtained, either from a Spanish notary or from the courts, depending on the circumstances. This process can take many additional months.
Time Is Critical
The six-month deadline for inheritance tax is strict. We strongly recommend contacting a specialist inheritance lawyer as soon as possible after the death to begin gathering documents and preparing the necessary paperwork. The earlier we start, the smoother the process will be.
Have you recently inherited property in Spain? Contact Tomas Ballestero Lawyers on +34 607 320 768 (WhatsApp available) for immediate assistance with the inheritance process.
For expert legal guidance, contact our property lawyers in Costa Blanca. We assist international clients across Javea, Moraira, Denia and the Costa Blanca with English and French-speaking solicitors.
Besoin d’aide pour une succession en Espagne ? Contactez nos Inheritance & Wills Lawyers pour une assistance juridique experte sur la Costa Blanca.
Need help with probate in Spain? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.
