When a foreign national who owned property in Spain passes away, their heirs must navigate the Spanish probate process. This guide explains the steps involved.
Step 1: Obtain the Death Certificate
From the Registro Civil if death occurred in Spain. If abroad, the foreign certificate must be apostilled and translated by a sworn translator.
Step 2: Certificate of Last Wills
Request the Certificado de Últimas Voluntades from the Ministry of Justice in Madrid — shows if a Spanish will exists. Can be requested 15 working days after death.
Step 3: Obtain the Will
If Spanish will exists, get authorised copy from the notary. If foreign will, it must be apostilled and translated. If no will at all, a Declaración de Herederos is required before a notary.
Step 4: Gather Documentation
Death certificate, certificate of last wills, copy of will, NIE numbers of all heirs, property valuations, nota simple, and bank certificates at date of death.
Step 5: Deed of Inheritance
All heirs (or representatives with powers of attorney) sign the Escritura de Aceptación de Herencia before a Spanish notary. All heirs must agree — disputes require court proceedings.
Step 6: Pay Inheritance Tax
Within six months of death (six-month extension possible). Each heir files individually. Must be paid before property can be registered in heirs names.
Step 7: Plusvalía Municipal
Local capital gains tax paid to the town hall within six months. Based on increase in land value.
Step 8: Land Registry and Formalities
Once tax paid, deed of inheritance registered at Land Registry. Bank accounts released, vehicles transferred, Modelo 210 filed if applicable.
How Long Does It Take?
3-9 months if documents are in order and no disputes. Longer with complications. Starting early with an experienced lawyer is key.
Tips for International Heirs
Appoint a Spanish lawyer immediately. Gather documents fast. Apply for NIE early. Be aware of the six-month tax deadline. Grant power of attorney if you cannot come to Spain. Coordinate with lawyers in other countries.
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Disclaimer: This article is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Tax laws and regulations are subject to change and may vary depending on individual circumstances. No solicitor-client relationship is created by reading this article. For advice specific to your situation, please contact a qualified legal professional. Tomas Ballestero Lawyers accepts no liability for actions taken based on the information contained herein.
Need help with probate for a foreign estate in Spain? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.
