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 the relationship between the deceased and the heir. In the Valencian Community, rates range from 7.65% to 34%, but significant allowances apply for close family members. Since 2015, EU residents can benefit from regional reductions. Our team ensures you take advantage of all applicable tax benefits.

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.

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Inheritance Lawyers in Spain

Before selling inherited property, heirs must complete specific legal steps.

Practical examples:

Property not registered in heirs’ names.
Outstanding taxes prevent sale.
One heir refuses to cooperate.
Capital gains tax is miscalculated.
Non-resident tax obligations arise.

Need legal advice in Spain?

At Tomas Ballestero Lawyers, we assist heirs with the sale of inherited property in Spain.

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✉️ info@lawyerssolicitorsjavea.com

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Tomas Ballestero

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With over 30 years of experience, Tomas Ballestero Lawyers assists international clients with property law, inheritance, divorce, and criminal defence throughout the Costa Blanca and Valencia.

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Inheritance Lawyers in Spain

Practical examples:

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