Expert guidance on inheriting property spain foreign from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
Inheriting property in Spain as a foreign heir involves a series of legal and administrative steps that must be completed in the correct order. From obtaining the necessary certificates to paying inheritance tax and registering the property in your name, each stage requires careful attention to detail. This guide explains the process step by step.
Step 1: Obtain the Death Certificate and Last Will Certificate
The first step is to obtain the Spanish death certificate (certificado de defunción) from the Civil Registry where the death was recorded. You must also request a certificate from the Spanish Wills Registry (Registro de Últimas Voluntades), which confirms whether the deceased made a Spanish will and where it is held. These documents are essential for initiating the inheritance process.
Step 2: Locate the Will or Declare Heirs
If the deceased made a Spanish will, your lawyer will obtain a copy from the notary who authorised it. If there is no Spanish will, a declaration of heirs must be obtained, either through a notarial act for direct relatives or through a court proceeding for other beneficiaries. Foreign wills may also be valid in Spain but may require apostille and sworn translation.
Step 3: Prepare the Deed of Acceptance of Inheritance
All heirs must sign a deed of acceptance before a Spanish notary. This document sets out the assets being inherited, the identity of all beneficiaries, and how the estate will be distributed. Your lawyer prepares this deed, ensuring it complies with Spanish legal requirements and any applicable foreign succession laws.
Step 4: Pay Inheritance Tax
Inheritance tax must be paid within six months of the date of death. The tax is calculated based on the value of the assets, the relationship between the heir and the deceased, and the applicable regional deductions. In the Valencia Community, specific allowances can significantly reduce the tax burden for close family members.
Step 5: Register the Property
Once the deed of acceptance has been signed and taxes paid, the property must be registered in the heir’s name at the Spanish Land Registry. This final step ensures full legal ownership and allows the heir to sell, mortgage, or otherwise manage the property freely.
For assistance with inheriting property in Spain, call +34 965 792 946 or email [email protected]. Visit our inheritance services page for full details.
Besoin d’aide pour une succession en Espagne ? Contactez nos Inheritance & Wills Lawyers pour une assistance juridique experte sur la Costa Blanca.
