Step by step
Inheriting a home or money in Spain when you live abroad
What is often called Spanish probate is usually not a court case. When the heirs agree, it is done before a notary: certificates, the will or a declaration of heirs, a deed of acceptance and division, the tax and the land registry. You can do all of it without travelling, with a power of attorney. These are the steps, in order.
Saúl Rosell Manglano · Inheritance in Spain · Madrid · ICAM 83.198
15 days
Working days that must pass after the death before the Spanish certificate of last wills can be requested.
NIE
Every heir needs an NIE, the identification number Spain gives foreigners, to register the inheritance and file the tax.
6 months
To file the inheritance tax and the municipal tax on the increase in urban land value, counted from the date of death.
The law of another country, always with a lawyer from there
I am a Spanish lawyer and I advise on Spanish law, including the European rules that Spain applies to inheritances. When part of the case depends on the law of another country, for example because the deceased chose it in their will, or because there are assets or taxes there, I do not advise on that law on my own: I work together with a lawyer from that country, yours if you already have one. Before we start, I tell you who that lawyer is and what each of us will do.
The steps, in order
Death certificate
If the death occurred in Spain, from the Spanish Civil Registry; if abroad, the foreign certificate. Certificates from other EU countries need no apostille, and a multilingual form sometimes replaces the translation. Those from outside the EU usually need an apostille or legalisation and a sworn translation.
Certificate of last wills, and life insurance
The certificate of last wills shows whether the deceased made a will in Spain, when and before which notary. It can be requested once fifteen working days have passed since the death, also if they died abroad. The certificate of life insurance, requested at the same time, shows whether there is a policy to claim.
The will, or a declaration of heirs
With a will, a copy from the notary who holds it, or the foreign will with its apostille and translation. Without a will, if the deceased lived in Spain, the heirs are declared before a Spanish notary, with documents proving the family relationship and two witnesses. If the estate was already dealt with in your country, the document there that declares the heirs can serve in Spain, provided it is equivalent to a Spanish one.
NIE and power of attorney
CriticalEach heir needs an NIE, including an heir who renounces if the renunciation appears in the deed that is registered. You do not need to come: you can sign a power of attorney before a notary in your country or at the Spanish consulate, with an apostille and translation where needed, and I deal with everything here.
What there is, and the decision to accept
A list of what there was, such as the home, the accounts, a car or investments, and of what was owed. Each heir decides whether to accept, to accept with the benefit of inventory, so that debts are paid only with what is inherited, or to renounce. Careful: using or selling things from the estate as your own can count as accepting it, debts included.
Deed of acceptance and division
With everyone's agreement, the heirs sign before a Spanish notary the deed that accepts the inheritance and allocates the assets. If one heir will not sign, there are ways to divide without their signature, which I explain on the page on heirs who disagree.
Inheritance tax within six months
CriticalIt is filed within six months of the death, even if nobody has accepted yet; if you or the deceased lived abroad, normally with the State Tax Agency. An extension of six more months, with interest, can be requested, but only within the first five months.
Municipal tax, land registry and banks
If there are flats or urban land, the heir also files the municipal tax on the increase in land value within six months, and the town hall can extend it to a year if asked in time. With the deed and the taxes filed, the properties are registered in your name and the banks release the money.
The papers from the deceased's country
About one in six inheritance appeals against land registrars that reach the Directorate General in Madrid concern a foreigner's estate, and they turn on the same points: which law applies and how it is proven, a will or another document from abroad, or the certificate of wills of that country. It is best to prepare those papers from the start, not when the registry asks for them.
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The will made in their country: an official copy, with an apostille unless it comes from the EU or a country with an agreement, and translated.
The certificate of wills of their country, when that country has a register, such as France, Germany, Belgium or the Netherlands. It is asked for mainly if the deceased lived there or its law applies. The United Kingdom has no official register: that is stated, and it is shown in other ways that the will used is the last one.
The grant of probate or an equivalent document, when the will was made under a law such as English law, which entrusts the estate to an executor or administrator. If the will was made before a Spanish notary, it is normally not needed for the Spanish assets.
Proof of the foreign law, when it applies: what it says about who inherits and how much, and that the will is valid. It is proven with a report from a notary or consul of that country, or with the Spanish notary's statement that he knows it. Without it, the notary does not authorise the deed or the registry does not register it.
Sworn translations and apostilles are paid for once and serve for the notary, the registry, the banks and the tax office. I tell you which documents your case needs, usually fewer than it seems, and in what order to ask for them.
If there may be debts
Under the Civil Code, as long as you have not accepted, you are not liable for the deceased's debts. Each heir can accept, accept with the benefit of inventory before a notary, so that debts are paid only out of what is inherited and your own money is not at risk, or renounce, also before a notary.
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You cannot accept part and renounce the rest. If someone formally requires you through a notary to decide, you have thirty calendar days, and if you do not answer, you are treated as having accepted, debts included.
If the deceased was married
If the deceased was married under a system of shared property, the surviving spouse's half of the common property is not part of the inheritance and is set aside first.
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Which system a foreign couple had is decided by its own rules and may depend on the law of another country. If it does, I check it together with a lawyer from there, and I tell you beforehand who that lawyer is.
How we will understand each other
I work in Spanish. With clients abroad I use translation tools to read and answer messages, and we manage well that way. The documents Spain needs from your country go with a sworn translation where required, and I tell you which ones before you ask for them. If you write to me in English, I will answer you.
Common questions
Do I need an NIE to inherit in Spain?
Yes. Without an NIE the inheritance cannot be registered in the land registry and the tax cannot be filed. It is also needed by an heir who renounces, if the renunciation appears in the deed that is registered. If you have already applied for it, the tax office can give you a provisional number while it arrives.
Can I sign the deed without coming to Spain?
Yes, with a power of attorney signed before a notary in your country or at the Spanish consulate, with an apostille and translation where needed. From here I deal with the notary, the tax and the land registry.
Why will the bank not release the money?
Banks usually ask for the inheritance papers, that is the will or the declaration of heirs and the deed, and for proof that the inheritance tax has been filed. Once those are ready, the money is released to the heirs.
Can I sell the inherited house straight away?
Not before the inheritance tax has been filed: without it, the inheritance cannot be registered. Selling as a non-resident has its own tax rules, which I explain on the page on inheritance tax.
How long does it take?
With agreement and the papers in order, what takes longest is gathering the certificates and the documents from abroad, valuing the assets and preparing the tax. I give you an estimate once I know what has to be done in your case.
What does it cost?
The notary and the land registry charge according to official scales, the taxes depend on the region, the relationship and the value of what is inherited, and my fees go in a written quote by stages, free of charge, before I start.
An inheritance with something in Spain?
Tell me where the deceased lived, their nationality and what they owned in Spain. I will tell you which law applies and what has to be done here, and send you a written quote, free of charge.
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