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, from the death certificate to the property being registered in your name, and almost all of it can be done without travelling to Spain.

Step by stepHow a Spanish inheritance works for heirs abroad

• 1. NIEEvery heir needs a Spanish tax identification number (NIE). It is applied for in person, at a Spanish consulate in your country or at a police station in Spain; it cannot be obtained by power of attorney.
• 2. Death certificateA Spanish death certificate if the death was in Spain. If it was abroad, the foreign certificate, apostilled, with a sworn translation.
• 3. Certificate of last willsIssued by the Registry of Last Wills in Madrid, from fifteen working days after the death. It shows whether the deceased made a will in Spain.
• 4. The willA copy of the Spanish will from the notary, or the foreign will and grant, apostilled and translated.
• 5. The estateThe Nota Simple of the property, Spanish bank accounts, IBI receipts and any debts.
• 6. Power of attorneyIf you cannot travel, a power of attorney lets us sign and deal with everything else on your behalf.
• 7. The deedAll the heirs, or their representatives, sign the deed of acceptance and division of the inheritance before a Spanish notary.
• 8. Inheritance taxDue within six months of the death. Non-resident heirs can generally apply the regional rules of the Valencian Community.
• 9. PlusvalíaThe municipal tax on the increase in the value of the land, paid to the town hall.
• 10. RegistrationThe deed and the tax receipts go to the Land Registry, and the property is registered in your name.

From abroadDo I need to travel to Spain?

For the inheritance itself, no. Apart from the NIE, the whole process can be handled through a power of attorney, signed either at a Spanish consulate in your country, which issues it directly in Spanish, or before a notary where you live, then apostilled and translated. We draft the wording and send it to you ready to sign, so that it covers exactly what your inheritance needs. Most of the families we work for complete the Spanish side without travelling.

No Spanish willWhat if there is no Spanish will?

Then the process is longer. The foreign will and the grant of probate, or the document that establishes the heirs in the home country, have to be apostilled, translated by a sworn translator and presented to the Spanish notary. It can be done, but it takes more time, which is why we advise property owners to make a separate Spanish will.

Several heirsWhat if there are several heirs?

If several heirs inherit the property, they become co-owners. They then have to agree on what to do with it: keep it, sell it, or have one of them buy out the others. If you are in that situation, see our page on buying out a co-owner or selling your share.

DebtsWhat if the deceased had debts?

Debts form part of the estate. If you accept the inheritance without conditions, you inherit them too. Where there is any doubt, the inheritance can be accepted “a beneficio de inventario”, which limits your liability to the value of what you inherit, or renounced before a Spanish notary.

Questions

Can I inherit property in Spain if I am not an EU citizen?

Yes. There are no nationality restrictions on inheriting property in Spain. You will need a NIE and Spanish inheritance tax will have to be paid, but anyone can inherit.

Can the inheritance be done entirely by power of attorney?

Everything except applying for the NIE, which has to be done in person. Once you have it, we gather the documents, sign the deed, file the taxes and register the property on your behalf.

Can I sell the property straight after inheriting it?

Once the deed of inheritance is signed, the taxes are paid and the property is registered in the heirs’ names, it can be sold. The sale can also be signed by power of attorney.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca. Town by town: inheritance lawyers in Jávea, Dénia, Moraira, Benitachell, Teulada, Benissa and Altea. For the full picture, see our Spanish inheritance and wills services; if you are planning ahead rather than inheriting, see our guide to gifting property in Spain to your children or family.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

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

Co-owners after the inheritance? See buying out a co-owner or selling your share.

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.

This page is general information about Spanish law and does not constitute legal advice. Every estate is different and you should take advice on your own circumstances before acting.