Every year many foreigners inherit a home or a bank account in Spain, or pass away owning assets here. The process has clear steps, but also deadlines that should not be missed.
Which law applies
Since 17 August 2015 the EU Succession Regulation (650/2012) has applied. As a rule, the estate is governed by the law of the country where the deceased had their habitual residence. If provided for in a will, it can be governed by the law of their nationality. This determines, for example, who the forced heirs are and what share they receive.
The steps in Spain
- Obtain the death certificate and, after fifteen working days, the certificate of last wills, which shows whether there is a will in Spain.
- Get a copy of the will or, if there is none, process a declaration of heirs before a notary.
- Apply for an NIE for each heir.
- Sign the acceptance and partition of the estate before a notary (this can be done under a power of attorney, without travelling).
- Pay the taxes and register the properties in the Land Registry.
Taxes and deadlines
- Inheritance tax: six months from the date of death, extendable by another six if requested within the first five months.
- Municipal capital gains tax (plusvalía) on urban property: six months, extendable to one year on request.
- Heirs who do not live in Spain pay tax on the assets located here and can generally apply the rules of the Spanish region where those assets are.
- In the Valencia region, since 28 May 2023 spouses, descendants and ascendants receive a 99% allowance on the tax due (Law 6/2023).
Our advice: make a Spanish will
If you own assets in Spain, a Spanish will covering them — consistent with the will you have in your home country and with a choice of law if it suits you — greatly simplifies the inheritance and spares your heirs translations, apostilles and delays.
At Rosmedian Law we handle inheritances from start to finish, including remotely. Find out about our inheritance service.
