Spanish Inheritance Law
for Foreign Property Owners
How Inheritance Works in Spain When You Own Property Here
The period following the death of a family member is difficult enough without a foreign legal system to navigate. When the deceased owned property in Spain, the estate has to be dealt with under Spanish procedure — regardless of where the deceased lived, where the heirs live, or which country’s will applies.
In Spain an inheritance is not administered by an executor in the way it would be in the United Kingdom or Ireland. There is no probate grant. Instead the heirs themselves must formally accept the inheritance in a public deed before a Spanish notary, settle inheritance tax, and register the property in their names at the Land Registry. Until those steps are complete, the property cannot be sold, transferred or mortgaged.
There is also a deadline that catches many families out: Spanish inheritance tax must generally be settled within six months of the date of death. An extension of a further six months can be requested, but only within the first five. Miss it and surcharges and interest follow automatically.
Do I Have to Travel to Spain to Deal with the Inheritance?
- Do I have to travel to Spain? In almost every case, no. Heirs living abroad can grant us a power of attorney — signed at a Spanish consulate, or before a notary at home with an apostille — allowing us to accept the inheritance, pay the tax and register the property on their behalf. For families spread across several countries this is usually the only practical way to keep the process moving.
- How long does it take? A straightforward estate with a Spanish will and cooperative heirs typically takes three to six months. Where there is no Spanish will, where documents must be obtained and apostilled abroad, or where heirs disagree, it takes longer. The tax deadline runs from the date of death regardless, which is why we recommend starting early even if the family is not ready to make decisions about the property itself.
- What documents will you need? Typically the death certificate, the will, and proof of identity of every heir — all legalised with the Hague Apostille and officially translated into Spanish. On the Spanish side we obtain the certificate of last wills, the deeds to the property and up-to-date Land Registry information ourselves.
- What if there is no Spanish will? The estate can still be processed using the foreign will, but it must be translated, legalised and interpreted under Spanish procedure, which adds both time and cost. Where there is no will at all, the heirs must be formally declared, which is a further procedure in itself. Our article on how inheritance works for foreign property owners in Spain walks through the whole process.
How much inheritance tax will we pay? Spanish inheritance tax is paid by each heir on what they personally receive, not by the estate as a whole. The amount depends on three things: the relationship to the deceased, the value of the share inherited, and the autonomous community where the property is located.
Altea is in the Valencian Community, which applies substantial reductions for close relatives such as spouses, children and parents. In many family situations the effective tax on a typical Costa Blanca property is considerably lower than heirs expect before taking advice. Unrelated beneficiaries, by contrast, are taxed significantly more heavily.
Since the 2014 ruling of the European Court of Justice, non-resident heirs from the EU and EEA are entitled to the same regional allowances as residents, and Spanish practice has since extended equivalent treatment more widely. Heirs who paid on the previous basis were in many cases able to reclaim the difference.
Alongside inheritance tax there is plusvalía municipal, a separate local tax payable to the town hall on the increase in land value, with its own deadline.
Allowances, rates and deadlines are set regionally and are revised periodically. We calculate the actual position for your family rather than working from generic figures.
Get Your First Consultation for FREE!
A free initial interview to discuss your particular case and your requirements is our usual practice.
For more information about our legal fees, do not hesitate to contact us without obligation. We will be happy to study your particular case and offer you, free of charge, an estimate of legal fees and costs.
Our Spanish Probate Service Is All-Inclusive
- General advice and assistance on inheritance and probate matters.
- Obtaining death certificates.
- Requesting a Wills Certificate from the Central Registry of Wills in Madrid.
- Obtaining the will from the Notary Public where it was signed in Spain.
- Collating all the rest of necessary paperwork.
- Drafting a Power of Attorney to act on behalf of beneficiaries.
- Drafting and signing deed of Inheritance Acceptance.
- Assistance at Notary Public.
- Lodging the new deed before the Land Registry with updated owner’s details.
Frequently Asked Questions About Inheritance in Spain
Do I have to travel to Spain to deal with the inheritance?
Usually not. Heirs living abroad can grant us a power of attorney so that we accept the inheritance before the Spanish notary, settle the tax and register the property on their behalf.
How long do I have to settle Spanish inheritance tax?
The general deadline is six months from the date of death. An extension of a further six months can be requested within the first five months. Missing the deadline means surcharges and interest, so it is important to start the process early.
What documents do I need from my home country?
Typically the death certificate, the will, and proof of the heirs’ identity, all legalised with an apostille and officially translated into Spanish. We tell you exactly what is needed for your case and can obtain the Spanish documents ourselves.
What happens if there is no Spanish will?
The estate can still be processed, but it takes longer and costs more: the foreign will must be translated and legalised, and Spanish succession rules or the law of your nationality must be applied. This is precisely why we recommend a separate Spanish will.
Can I sell the inherited property straight away?
Not until the inheritance has been formally accepted, the tax paid and the property registered in the heirs’ names at the Land Registry. Once that is done, the property can be sold normally. We can handle both stages.