The Complete Process: Inheriting Property in Spain as a Non-Resident
Expert guidance on inherit property spain 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.
If a family member has passed away and left property in Spain, this guide walks you through every step of the process. Whether you are British, Dutch, French, Belgian, German, or any other nationality, the core process is the same — though tax implications vary.
The entire process typically takes 4 to 8 months and must be completed within 6 months of the death to avoid penalties.
Step 1: Obtain the Death Certificate (Week 1)
If the person died in their home country, you need the official death certificate from your national registry. This must be apostilled (an international verification stamp) and officially translated into Spanish by a sworn translator.
If the person died in Spain, the death certificate is issued by the local Registro Civil. Your lawyer can obtain this on your behalf.
What you need: Original death certificate, apostille, sworn Spanish translation.
Step 2: Check for a Spanish Will (Week 1-2)
Your lawyer will request a Certificado de Ultimas Voluntades (Certificate of Last Wills) from the Spanish Ministry of Justice. This document reveals whether the deceased made a will in Spain. It can only be requested 15 working days after the death.
If there is a Spanish will, it simplifies the process enormously. If there is only a foreign will, it must be validated in Spain — possible, but it adds time and cost.
Key tip: If your family member owns property in Spain, always advise them to make a separate Spanish will. It is inexpensive and saves months of bureaucracy later.
Step 3: Obtain a Nota Simple from the Land Registry (Week 2-3)
A Nota Simple is an extract from the Registro de la Propiedad (Land Registry) that confirms who owns the property, what debts or charges exist against it, and the official description.
Each town has a specific Land Registry. For example, properties in Calpe, Moraira, and Benissa are registered at the Registro de la Propiedad de Benissa. Properties in Denia, Pedreguer, and Ondara are at the Registro de Denia.
Your lawyer will also check for any outstanding debts: community fees, IBI (council tax), utility bills, and mortgage balances.
Step 4: Obtain NIE Numbers for All Heirs (Week 2-4)
Every heir needs a NIE (Numero de Identidad de Extranjero) — a Spanish tax identification number for foreigners. Without it, you cannot pay taxes, sign at a notary, or register property.
Your lawyer can apply for NIE numbers on your behalf using a power of attorney, so you do not need to visit Spain at this stage.
Step 5: Calculate Inheritance Tax (Week 3-4)
Inheritance tax in Spain is calculated based on several factors: the value of the inherited assets, the relationship between the deceased and the heir, the pre-existing wealth of the heir, and the autonomous community where the property is located.
In the Comunidad Valenciana (which covers Javea, Calpe, Moraira, Denia, Altea, Benidorm, and the entire Costa Blanca), there is a 99% reduction on inheritance tax for Group I and II heirs (spouses, children, grandchildren, and parents) since 2017. This means the effective tax rate is very low for close family members.
Use our Inheritance Tax Calculator for an estimate.
Step 6: Sign the Inheritance Deed at the Notary (Month 3-5)
Once all documents are ready, an appointment is made at a Spanish notary to sign the Escritura de Aceptacion de Herencia (Inheritance Acceptance Deed). All heirs must sign, either in person or via power of attorney.
The notary verifies the identities, the will, and the tax calculations. The signing typically takes 30-60 minutes.
Can I do this remotely? Yes. Your lawyer can sign on your behalf using a poder notarial (notarised power of attorney) that you sign in your home country, have apostilled, and send to Spain.
Step 7: Pay Inheritance Tax (Within 6 Months of Death)
The inheritance tax must be paid within 6 months of the date of death. Your lawyer will prepare the tax form (Modelo 650) and submit it to the Valencian tax office.
What if I miss the deadline? After 6 months, surcharges apply: 5% for months 7-9, 10% for months 10-12, 15% for months 13-15, and 20% after 15 months, plus late-payment interest. You can request a 6-month extension within the first month after death.
Step 8: Register the Property (Month 4-6)
After signing at the notary and paying the tax, the final step is registering the property in the heirs names at the Registro de la Propiedad. You will also need to pay the Plusvalia municipal (municipal capital gains tax) at the town hall.
Your lawyer will also arrange the change of utilities (water, electricity), community fees, and IBI (council tax) direct debits.
Step 9: Decide What to Do with the Property
Once the property is in your name, you have three options: keep it (for holidays or rental), sell it (your lawyer can handle the sale), or donate it to another family member. Each option has different tax implications that your lawyer can advise on.
Common Mistakes to Avoid
Not making a Spanish will. This is the single biggest mistake. A separate Spanish will covering only Spanish assets saves months of time and thousands of euros in legal costs.
Missing the 6-month deadline. Surcharges add up quickly. Contact a lawyer as soon as possible after the death.
Using a lawyer from your home country only. You need a lawyer in Spain who knows the local Land Registry, notaries, and tax rules.
Not checking for debts. Outstanding community fees, IBI, and utility bills can become the heir’s responsibility.
Frequently Asked Questions
How long does the inheritance process take in Spain?
A straightforward case typically takes 4-8 months. Complex cases can take 12-18 months.
What happens if I miss the 6-month deadline?
Surcharges of 5-20% apply, plus interest. Request an extension within the first month if needed.
Do I need a Spanish lawyer?
While not legally mandatory, it is virtually essential given the complexity of the process.
Can I inherit without travelling to Spain?
Yes, via a power of attorney signed and apostilled in your home country.
Need Help With an Inheritance on the Costa Blanca?
Tomas Ballestero Lawyers has helped hundreds of families from the UK, Netherlands, France, Belgium, and Germany navigate the Spanish inheritance process. Our office in Javea covers Calpe, Moraira, Denia, Altea, Benidorm, Benissa, Pedreguer, and Ondara. Call +34 607 320 768 for a confidential consultation.
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Disclaimer: The information in this guide is provided for general informational purposes only and does not constitute legal advice. Inheritance laws, tax rates, and procedures in Spain change frequently. Every case is unique. We strongly recommend consulting a qualified lawyer. Tomas Ballestero Lawyers accepts no responsibility for actions taken based on this content.
For expert legal guidance, contact our property lawyers in Costa Blanca. We assist international clients across Javea, Moraira, Denia and the Costa Blanca with English and French-speaking solicitors.
Besoin d’aide pour une succession en Espagne ? Contactez nos Inheritance & Wills Lawyers pour une assistance juridique experte sur la Costa Blanca.
