Losing a loved one is never easy. When that person also owned a property or other assets in Spain, families living abroad can suddenly find themselves dealing with an unfamiliar legal system, in a different language, at an already difficult time.
Perhaps your parents owned a house in Andalusia. Perhaps your husband or wife had an apartment on the Costa del Sol. Or perhaps you have discovered that a relative who has passed away had a Spanish bank account or other assets in Spain.
For families living in the UK, Ireland, the Netherlands, Scandinavia, the United States or elsewhere, the first question is usually very simple:
My relative has died leaving property in Spain. What do I need to do?
The good news is that dealing with an inheritance in Spain as a non-resident can normally be straightforward with the right assistance. In many cases, the heirs do not even need to travel to Spain.
Inheriting Property in Spain: Where Do You Start?
The first step in dealing with a Spanish inheritance is to establish what the deceased owned in Spain, whether a Will exists and who is legally entitled to inherit.
In Spain, it is possible to check officially whether the deceased made a Spanish Will through the Registry of Last Wills (Registro General de Actos de Última Voluntad).
If a Spanish Will exists, an authorised copy can be obtained and reviewed. If the deceased made a Will in another country, this may also be relevant to the Spanish inheritance and will need to be considered together with the applicable succession law.
International inheritances can involve the laws of more than one country, particularly when the deceased lived in one country, had a different nationality and owned property in Spain.
Establishing the correct legal position from the beginning is therefore essential.
What Happens If There Is No Spanish Will?
This is one of the most common concerns we hear from international families.
If your relative died without a Will in Spain, this does not mean that the Spanish property cannot be inherited.
The applicable succession law must first be determined and the persons legally entitled to inherit must be identified.
Depending on the circumstances, it may be necessary to complete a Declaration of Heirs (Declaración de Herederos) or obtain equivalent documentation from another country before the Spanish inheritance can proceed.
Once the legitimate heirs have been established, the estate can continue towards the acceptance and distribution of the Spanish assets.
Can I Deal With a Spanish Inheritance From Abroad?
In many cases, yes. This is particularly important for foreign heirs who live hundreds or thousands of kilometres away. You do not necessarily need to travel backwards and forwards to Spain to deal personally with Spanish Notaries, banks, tax authorities and the Land Registry. By granting a suitable Power of Attorney, your Spanish inheritance lawyer can represent you and deal with many of the necessary formalities on your behalf.
This means that a large part — and often all — of the Spanish probate and inheritance process can be coordinated while you remain in your own country.
What Is the Spanish Probate and Inheritance Process?
Every inheritance is different, but dealing with an inheritance or probate in Spain will normally involve a number of steps.
These may include:
Obtaining the death certificate and other necessary certificates
Checking the Spanish Registry of Last Wills
Obtaining and reviewing the Spanish Will, if one exists
Reviewing any relevant foreign Will
Determining the applicable succession law
Identifying the legitimate heirs if there is no Will
Obtaining Spanish NIE numbers for foreign heirs when required
Identifying Spanish properties, bank accounts and other assets
Obtaining the necessary valuations and certificates
Preparing the inheritance documentation
Coordinating the Deed of Acceptance and Distribution of Inheritance before a Spanish Notary
Calculating and filing Spanish Inheritance Tax
Dealing with any applicable local taxes
Registering inherited properties at the Spanish Land Registry in the names of the new owners
For someone living abroad, coordinating all these steps with different authorities and professionals can seem complicated.
Having one English-speaking law firm in Spain coordinating the entire inheritance can make the process considerably easier.
Spanish Inheritance Tax: How Much Will I Have to Pay?
Inheritance tax is understandably one of the main concerns for anyone inheriting property in Spain.
The amount of Spanish Inheritance Tax payable depends on several factors, including the value and location of the assets, the relationship between the deceased and the beneficiary, and the personal circumstances of the heir.
It is therefore important not to assume that every Spanish inheritance will result in a large tax bill.
Inheritance Tax in Andalusia
For families inheriting property in Andalusia, the regional inheritance tax rules can be particularly favourable.
Andalusia provides very significant tax benefits for certain close family members, including spouses, children and parents. In particular, a 99% inheritance tax bonus may apply to certain close relatives, subject to the applicable legal requirements.
As a result, the final inheritance tax liability can be very low in many inheritances between close family members.
However, every inheritance should be reviewed individually. This is especially important where either the deceased or the beneficiaries are non-resident in Spain.
At Andalucía Lawyers, we deal with both the legal and tax aspects of Spanish inheritances, so our clients have one point of contact throughout the entire procedure.
Don’t Forget the Six-Month Tax Deadline
Another important point is timing. As a general rule, Spanish Inheritance Tax must be filed within six months from the date of death. In certain circumstances, an extension may be requested, provided this is done within the applicable legal period. For this reason, even if you are not ready to make immediate decisions about what to do with an inherited property, it is advisable to obtain legal and tax advice as early as possible.
What Happens to the Property at the End of the Process?
The ultimate objective is straightforward: to transfer the Spanish assets correctly to the people who are legally entitled to inherit them.
Once the necessary documentation has been obtained, the applicable taxes have been dealt with and the inheritance deed has been completed, an inherited property can be registered at the Spanish Land Registry in the names of the rightful heirs.
From that point, the heirs can decide what they wish to do with the property — keep it, use it, rent it or sell it.
Someone in Spain Taking Care of Everything
For a family living abroad, perhaps the most important thing is not knowing every detail of Spanish inheritance law. It is knowing that someone you trust is here in Spain taking care of the process for you.
At Andalucía Lawyers, we regularly assist international clients dealing with Spanish inheritances, probate and inherited property, particularly in Andalusia and southern Spain.
We can check whether a Will exists, determine who is entitled to inherit, obtain and prepare the necessary documentation, coordinate with foreign lawyers and authorities where necessary, represent the heirs through a Power of Attorney, deal with the Spanish Notary, calculate and file inheritance taxes and arrange for the property to be registered in the names of the new owners.
In other words, we can coordinate the Spanish inheritance process from beginning to end.
One Less Thing to Worry About at a Difficult Time
There is already enough to deal with when someone close to you passes away. A house or other assets in Spain should not become an additional source of uncertainty.
If your parent, spouse or another family member has passed away leaving a house, apartment, bank account or other assets in Spain, contact Andalucía Lawyers and tell us briefly about your situation.
We will review the circumstances, explain in clear English what needs to be done and guide you through each stage of the inheritance.
You can stay at home. We can take care of the inheritance here in Spain.
Our aim is to make the process clear, straightforward and as stress-free as possible, until the Spanish assets are correctly transferred to the people legally entitled to inherit them.
Frequently Asked Questions About Inheritance in Spain
Can I inherit a property in Spain if I live abroad?
Yes. Foreign and non-resident heirs can inherit property and other assets in Spain. Depending on the circumstances, much of the procedure can be dealt with through a Spanish lawyer acting under a Power of Attorney.
Do I need to travel to Spain to deal with an inheritance?
Not necessarily. In many cases, a properly drafted Power of Attorney allows your lawyer to represent you before the Notary, tax authorities, banks and other Spanish institutions, significantly reducing or eliminating the need to travel to Spain.
What happens if someone dies without a Will in Spain?
The inheritance can still proceed. It will first be necessary to determine the applicable succession law and establish who the legitimate heirs are. Depending on the circumstances, a Declaration of Heirs or equivalent documentation may be required.
How much inheritance tax will I pay in Andalusia?
It depends on the circumstances of the inheritance and the relationship between the deceased and the heir. Andalusia provides significant tax benefits for certain close relatives, including a 99% inheritance tax bonus in qualifying cases. Each inheritance should therefore be assessed individually.
How long do I have to file Spanish Inheritance Tax?
As a general rule, Spanish Inheritance Tax must be filed within six months of the date of death. An extension may be available if requested within the applicable period, so it is advisable to seek advice as early as possible.