In short: as a UK citizen you can inherit Spanish property without travelling to Spain — with a power of attorney we complete the whole Spanish probate for you. Brexit did not change the core Spanish process, and UK heirs can still benefit from regional inheritance tax allowances in many cases. The main legal deadline is the 6-month inheritance tax deadline, extendable if requested within the first 5 months. Your first consultation is free.
1. What law applies to the inheritance property in Spain?
Since the implementation of the European Succession Regulation (EU 650/2012), any UK citizen who resided in Spain or owned assets here may be subject to Spanish inheritance law by default—unless they have expressly chosen to apply their national law (e.g. English or Scottish law) in a valid will.
Spanish law imposes forced heirship rules, which can restrict how you distribute assets. Therefore, it’s strongly recommended to draft a will in Spain stating that UK law applies.
2. What documents do I need to accept an inheritance?
To accept an inheritance in Spain, heirs must gather and legalize the following documents:
– Death certificate (translated and apostilled)
– Spanish Last Will Certificate (if applicable)
– Valid will (Spanish or UK-based)
– European Certificate of Succession (if available)
– Property deed or land registry extract (nota simple)
– NIE (foreigner tax ID number)
– Passport or ID of the heir
– Proof of address (e.g. certificate of residence of the deceased)
3. Inheritance tax in Spain
Spain applies an Inheritance Tax (ISD), which varies by region. In the Valencian Community, for example:
– Direct heirs (children, grandchildren) receive a 75% tax reduction.
– Spouses also enjoy major deductions.
Non-residents are entitled to the same deductions as residents since 2015.
The tax must be filed within 6 months after the death (extensions possible). Delays can result in penalties and interest.
4. Signing the inheritance deed
After collecting all documents and paying taxes, the acceptance and distribution of the inheritance is formalized through a public deed before a Spanish notary.
This deed is then submitted to the Land Registry to officially transfer ownership to the heirs.
If the heirs are abroad, everything can be managed through a power of attorney.
5. Can I sell the inherited property?
Yes, once the inherited property in Spain is registered in your name, you can sell it.
– Municipal capital gains tax (plusvalía) will apply.
– Non-resident capital gains tax is 19% if there’s a profit.
Make sure all inheritance paperwork is complete before listing the property for sale.
6. Why hire a specialized inheritance property lawyer in Jávea, Costa Blanca and Valencia?
International inheritance property cases are complex. They involve multiple legal systems, languages, translations, tax rules, and notarized documents.
At Tomas Ballestero Lawyers:
– We assist in English and Spanish.
– We handle the full inheritance process remotely.
– We legalize and translate documents, pay taxes, and register ownership.
– We can also represent you during a property sale.
With over 30 years of experience, we help UK heirs inherit safely and efficiently in Spain.
Need help with an inheritance property lawyer in Spain?
Let our team guide you step-by-step through the process, with full legal guarantees and clear communication.
Tomas Ballestero Lawyers – International inheritance and property law in Spain. Contact us now!
Also read: How long does probate take in Spain? · Why non-residents need a Spanish will · Our probate service for foreign heirs
Frequently asked questions
How does inheritance work in Spain for foreign heirs?
When a property or assets are located in Spain, the inheritance must be processed under Spanish law regardless of where the heirs reside. This involves obtaining a death certificate, the will, an NIE number, paying inheritance tax, and completing the deed of inheritance before a Spanish notary. Tomas Ballestero Lawyers specializes in guiding foreign heirs through this process.
How long does the inheritance process take in Spain?
The inheritance process in Spain typically takes 3 to 12 months depending on complexity. Simple cases with a valid Spanish will may be resolved in 3-4 months. Cross-border inheritances involving multiple jurisdictions or disputes between heirs can take considerably longer. We work to resolve cases as efficiently as possible.
What is Spanish inheritance tax for foreign beneficiaries?
Spanish inheritance tax varies by region and by the relationship between the deceased and the heir. In the Valencian Community substantial allowances apply for close family members, and since 2015 non-resident EU heirs can benefit from the regional rules. The exact position has to be calculated case by case, and we put the calculation in writing before anything is signed.
Can I renounce an inheritance in Spain?
Yes, you can renounce an inheritance in Spain before a Spanish notary. This may be advisable when the debts of the estate exceed its value. You can also accept the inheritance "a beneficio de inventario," which limits your liability to the value of the inherited assets. We advise clients on the best option based on their specific circumstances.
Do I need a Spanish will if I own property in Spain?
It is highly recommended. A Spanish will covering your Spanish assets significantly simplifies the inheritance process for your heirs, reducing costs and delays. Without one, your heirs will need to have your foreign will translated, apostilled, and recognized in Spain, which is time-consuming and expensive.
