⭐ 72+ Google reviews | 30+ years experience | Costa Blanca & Valencia
Expert Inheritance, Wills and Probate Lawyers in Spain for International Clients
Do you need to inherit property in Spain? Are you a foreign citizen who wants to make a Spanish will to protect your family?
Spanish inheritance law can be complex, especially for foreign nationals, mixed-nationality families or heirs living abroad. At Tomas Ballestero Lawyers, we have been helping international clients for over 30 years with inheritance matters in Spain, ensuring estates are handled correctly, tax-efficiently and according to our clients’ wishes across the Costa Blanca and Valencia.
We regularly assist clients with inheritance matters across the Costa Blanca and Valencia, including Jávea, Dénia, Moraira and Valencia city.
📞 +34 965 792 946 | 📱 +34 607 320 768 (WhatsApp)
Why You Need an Inheritance Lawyer in Spain
Inheriting assets in Spain or planning your Spanish estate involves specific legal requirements that differ significantly from the UK, Ireland or other countries.
Key challenges for international clients:
- Spanish inheritance tax must be paid within 6 months of death
- Different rules apply depending on the region (Comunidad Valenciana has specific allowances)
- Foreign wills may not be valid or practical for Spanish assets
- Heirs abroad may need to appear before Spanish notaries
- Bank accounts are frozen until inheritance is formally accepted
- Property must be re-registered in the heirs’ names
Without proper legal guidance, families face delays, penalties, frozen assets and unnecessary tax burdens. Our role is to simplify the process and protect your interests at every stage.
Our Inheritance and Wills Services
Spanish Wills for Foreign Citizens
We prepare Spanish wills specifically designed for international clients, ensuring they are valid under Spanish law and coordinated with your will in your home country.
✅ Legally valid Spanish will (testamento)
✅ Coordination with UK, Irish or other foreign wills
✅ Protection for your spouse and children
✅ Clear instructions for Spanish property and assets
✅ Registered with the Spanish Wills Registry
Why you need a Spanish will: Having a separate Spanish will for your Spanish assets makes inheritance faster, cheaper and simpler for your heirs. Without one, your family may face months of delays and additional legal costs.
Inheritance Tax Advice in Spain
We provide clear advice on Spanish inheritance tax (Impuesto de Sucesiones), helping heirs understand their obligations and benefit from all applicable reductions.
✅ Calculation of inheritance tax liability
✅ Regional allowances (Comunidad Valenciana offers significant reductions)
✅ Tax planning to minimise liability
✅ Filing tax declarations within the 6-month deadline
✅ Avoiding penalties for late payment
Important: The Comunidad Valenciana (Costa Blanca) offers generous tax reductions for direct heirs (children, spouses). We ensure you benefit from every available allowance.
Probate & Estate Administration
We handle the entire probate process in Spain, from death certificate to final property registration.
✅ Obtaining Spanish death certificate
✅ Locating the will in the Spanish Wills Registry
✅ Declaration of heirs (if no will exists)
✅ Acceptance of inheritance before notary
✅ Asset identification and valuation
✅ Payment of inheritance tax
✅ Property transfer and Land Registry registration
✅ Bank account release
✅ Coordination with authorities in other countries
Representation of Heirs Living Abroad
If you are an heir living outside Spain, we can represent you fully via Power of Attorney, so you don’t need to travel.
✅ We attend the notary on your behalf
✅ We file tax declarations for you
✅ We handle Land Registry registration
✅ We release bank accounts
✅ Complete service without you leaving your country
Cross-Border Inheritance Cases
We specialise in international inheritance matters involving multiple countries.
✅ EU Succession Regulation (Brussels IV) advice
✅ Coordination with lawyers in UK, Ireland, Germany, Netherlands, Belgium
✅ Determining applicable law
✅ Assets in multiple countries
✅ Heirs in different jurisdictions
👉Inheritance Disputes & Will Contests
If disputes arise between heirs or a will is contested, we provide legal representation to protect your rights.
✅ Will validity challenges
✅ Disputes over asset distribution
✅ Forced heirship claims (legítima)
✅ Mediation and negotiation
✅ Court litigation when necessary
Common Inheritance Scenarios We Regularly See
🇬🇧 British Children Inherit Property in Spain
A British family inherits an apartment in Spain after the death of a parent. The heirs live abroad and are unfamiliar with Spanish inheritance procedures and tax deadlines.
Typical challenges:
Heirs living outside Spain, strict inheritance tax deadlines, frozen bank accounts, and the need to complete formal acceptance of inheritance before accessing assets.
How these situations are usually handled:
With proper legal guidance, the inheritance can be completed efficiently through Power of Attorney, ensuring taxes are paid correctly and assets are transferred without unnecessary delays.
🇮🇪 Irish Spouse Inheriting Property in Jávea
A surviving spouse inherits a family home in Jávea after the death of their partner. Spanish bank accounts are temporarily frozen, creating financial pressure.
Typical challenges:
Urgent access to funds, understanding spousal tax allowances, and completing inheritance formalities quickly.
How these situations are usually handled:
Once the inheritance is formally accepted and tax obligations are clarified, bank accounts are released and the surviving spouse regains full control of the assets.
🇺🇸 American Heirs— No Spanish Will
An American citizen passes away owning property and bank accounts in Spain, but without a Spanish will. The heirs live in different countries.
Typical challenges:
Additional procedures such as a Declaration of Heirs, longer timelines, higher costs, and delays accessing assets.
How these situations are usually handled:
In many cases, families later decide to prepare a Spanish will limited to their Spanish assets to simplify future inheritance matters and avoid unnecessary delays.
👉 Spanish wills and inheritance planning:
🇳🇱 Estate Planning for Retired Couples in Spain
A retired couple living in Spain owns property and wants to ensure their children will inherit without complications.
Typical challenges:
Coordinating wills from different countries, understanding which law applies, and minimising inheritance tax for heHow these situations are usually handled:
Many international families choose to prepare a Spanish will specifically for their Spanish assets, coordinated with their home-country will, to ensure clarity and legal certainty.
👉 Spanish wills for foreign nationals:
🇧🇪 Multiple Heirs Inheriting Property in Valencia
Several heirs inherit an apartment in Valencia. None of them live in Spain, and they are unsure whether to keep or sell the property.
Typical challenges:
Coordinating multiple heirs abroad, meeting tax deadlines, and deciding what to do with the inherited property.
How these situations are usually handled:
In many cases, heirs eventually decide to sell the inherited property once the inheritance is completed, handling the entire process remotely.
👉 Property lawyers in Costa Blanca and Valencia:
🇩🇪 German Client — Frozen Bank Accounts After Death
A German heir discovers that a Spanish bank account has been frozen following the death of a family member.
Typical challenges:
Banks require formal inheritance documentation before releasing funds, which can be confusing for foreign heirs.
How these situations are usually handled:
Once inheritance documentation is completed and tax obligations are met, Spanish banks release the funds to the rightful heirs.
⚖️ Inheritance Dispute — Contested Will
Typical scenario:
A Spanish will favours one heir over others, leading to disputes between family members after the death of a relative.
Common challenges:
Disagreements over asset distribution, application of Spanish forced heirship rules (legítima), and conflicting interpretations of the will by different heirs.
How these situations are usually handled:
When disputes arise, inheritance matters may require legal intervention through negotiation or court proceedings. In these situations, families often need advice and representation from lawyers experienced in 👉inheritance disputes and litigation in Spain, ensuring their rights are properly protected under Spanish law.
🏠 Inherited Property — Quick Sale
A family from Scotland inherits a villa in Altea that none of the heirs wish to keep. In many situations like this, heirs want to sell the property as quickly and efficiently as possible.
Typical challenges: Completing the inheritance and the subsequent sale without multiple trips to Spain, while ensuring all legal and tax requirements are met.
How this is usually handled: Once the inheritance process is completed, families often proceed with the sale of the inherited property with the support of experienced property lawyers in Costa Blanca and Valencia. Through Power of Attorney, both the inheritance and the sale can typically be managed remotely, allowing heirs to receive the proceeds without travelling to Spain.
What Our Clients Say
⭐⭐⭐⭐⭐ 72+ Five-Star Reviews on Google
“I highly recommend Tomas for anyone needing legal support in Spain. They guided me expertly through both a property purchase and a divorce, showing deep knowledge of Spanish law, attention to detail, and clear communication throughout. Reliable, efficient, and trustworthy — an excellent choice for expats or locals alike.” — Lisa D., United Kingdom
“Professional and knowledgeable expert. Highly recommended.” — C. Arkesteijn, Netherlands
“A seasoned lawyer with in-depth legal expertise.” — F. Mooij, Netherlands
“Attentive, honest and clear. Exactly what you look for in a lawyer.” — Nina K., Belgium
“Excellent collaboration and good service — always making time when needed.” — Honey Joy I., Philippines
Why Choose Tomas Ballestero Lawyers?
| What We Offer | What This Means for You |
|---|---|
| 30+ years experience | Deep knowledge of Spanish inheritance law |
| English-speaking lawyers | Clear communication, no misunderstandings |
| International specialists | Experience with cross-border estates |
| Full remote service | Handle everything via Power of Attorney |
| Tax optimisation | We apply all available reductions |
| Local offices | Based in Jávea and Valencia |
| 72+ five-star reviews | The best-rated law firm on the Costa Blanca |
The Inheritance Process in Spain — Step by Step
Step 1: Initial Documentation
We obtain the death certificate and search the Spanish Wills Registry to locate any Spanish will.
Step 2: Identification of Heirs
Based on the will (or legal succession rules if no will exists), we identify all rightful heirs.
Step 3: Asset Inventory
We identify all Spanish assets: property, bank accounts, vehicles, investments.
Step 4: Acceptance of Inheritance
All heirs formally accept the inheritance before a Spanish notary (or via Power of Attorney).
Step 5: Inheritance Tax Payment
We calculate and pay the inheritance tax within the 6-month deadline.
Step 6: Property Transfer
We register inherited property in the heirs’ names at the Land Registry.
Step 7: Bank Account Release
We present documentation to Spanish banks to release frozen accounts.
Spanish Inheritance Tax — What You Need to Know
Key facts about inheritance tax in Spain:
- Deadline: 6 months from date of death (extensions possible)
- Regional variations: Comunidad Valenciana offers significant reductions for close relatives
- Spousal exemption: Surviving spouses often pay little or no tax
- Children’s allowance: Direct descendants benefit from reduced rates
- Non-residents: Have the same rights as residents since 2015
Example (Comunidad Valenciana): A child inheriting €300,000 from a parent may pay as little as €1,000-3,000 in inheritance tax after allowances, compared to €30,000+ in some other Spanish regions.
We ensure you benefit from every available tax reduction.
Areas We Cover
We provide inheritance law services throughout Costa Blanca and Valencia:
Costa Blanca North:
- Jávea / Xàbia
- Dénia
- Moraira
- Calpe
- Benissa
- Altea
- Benidorm
Costa Blanca South:
- Alicante
- Torrevieja
- Orihuela Costa
Valencia Region:
- Valencia city
- Gandía
- Oliva
Frequently Asked Questions
Do I need a Spanish will if I already have a will in my home country?
Highly recommended. A Spanish will specifically for your Spanish assets makes inheritance faster, cheaper and simpler for your heirs. Your home country will covers assets there; your Spanish will covers assets in Spain.
What happens if someone dies without a Spanish will?
The inheritance can still proceed, but it requires a “Declaration of Heirs” which adds 2-3 months and €2,000-3,000 to the process. Having a Spanish will avoids this.
How long does the inheritance process take?
Typically 3-6 months if there is a Spanish will and all heirs cooperate. Without a will or with disputes, it can take longer.
Do I need to travel to Spain to inherit?
No. We can handle the entire process via Power of Attorney. You sign the POA in your country, and we act on your behalf in Spain.
What is the inheritance tax deadline?
6 months from the date of death. Late payment incurs penalties of 5-20% plus interest. Extensions can be requested in the first 5 months.
Can I be disinherited in Spain?
Spanish law provides “forced heirship” (legítima) rights. Children and spouses cannot be completely disinherited — they are entitled to a minimum share regardless of what the will says.
What if the heirs disagree?
We can mediate between heirs or, if necessary, represent you in court to protect your inheritance rights.
Can I sell inherited property immediately?
Yes, once the inheritance is complete and the property is registered in your name. We can handle both the inheritance and the sale.
Who We Help
We regularly assist:
- British expats with property in Spain
- Irish clients inheriting Spanish assets
- American and Canadian citizens with Spanish estates
- Dutch, Belgian and German families
- Heirs living abroad who cannot travel to Spain
- Mixed-nationality families
- Clients planning their Spanish estate with wills
- Executors administering Spanish estates
Contact Us
Do you need to inherit assets in Spain or want to make a Spanish will?
Contact our firm for a free initial consultation and clear guidance tailored to international clients.
📞 Telephone
+34 965 792 946
+34 607 320 768
✉️ Email
info@lawyerssolicitorsjavea.com
📍 Our Offices
Jávea (Head Office) Avenida del Pla, 126, 2nd Floor Offices 28 A and 28 B 03730 Xàbia/Jávea, Alicante
Valencia Calle Burriana, 34, 1st Floor Valencia
Opening Hours
Office: Monday – Friday: 9:00 – 20:00 Telephone Service: 24 hours a day, 7 days a week
Tomas Ballestero Lawyers – Over 30 years helping international clients with inheritance and wills in Spain
Free initial consultation – Full remote service available
Do I need a Spanish will if I already have a will in my home country?
Yes, it is highly recommended. A Spanish will limited to your assets in Spain makes the inheritance process faster, cheaper and far simpler for your heirs. Your foreign will remains valid for assets in your home country.
What happens if someone dies without a Spanish will?
The inheritance can still proceed, but a Declaration of Heirs will be required. This usually adds extra time (2–3 months) and additional legal costs compared to having a Spanish will.
How long does the inheritance process take in Spain?
In most cases, between 3 and 6 months, provided all documentation is available and there are no disputes between heirs. More complex estates or contested cases can take longer.
Do I need to travel to Spain to deal with an inheritance?
No. We can handle the entire inheritance process remotely through a Power of Attorney, including notary appointments, tax filing and property registration.
What is the inheritance tax deadline in Spain?
Inheritance tax must normally be paid within 6 months from the date of death. An extension can be requested within the first 5 months to avoid penalties.
Do non-residents pay inheritance tax in Spain?
Yes, but since 2015 non-residents have the same tax allowances as residents. In regions such as Comunidad Valenciana, close relatives benefit from significant reductions.
Can I sell inherited property in Spain?
Yes. Once the inheritance is formally accepted and the property is registered in your name, it can be sold. We can handle both the inheritance and the sale on your behalf.
What documents are required to start an inheritance in Spain?
Typically: death certificate, will (if any), certificate from the Spanish Wills Registry, identification of heirs, NIE numbers and details of Spanish assets. We guide you through everything step by step.
Can you represent heirs who live abroad?
Yes. We regularly represent heirs living outside Spain and manage the entire process without the need for travel.
What happens if heirs disagree about the inheritance?
When disputes arise, we can assist with negotiation, mediation or legal proceedings to protect your inheritance rights under Spanish law.
Can heirs living abroad inherit without travelling to Spain?
Yes. The entire inheritance process can usually be completed via Power of Attorney, without heirs needing to travel.
How long do heirs have to pay inheritance tax in Spain?
Inheritance tax must be paid within 6 months of the date of death. Extensions may be requested within the first 5 months.
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