What the process involves
When someone who owned property in Spain dies, the heirs must formally accept the inheritance, pay the taxes and register the property in their names. The process is the same whether the heirs live in Spain or abroad, but it requires several documents issued in Spain, and you may also need documents from the deceased person's home country.
When you need it
As soon as possible after a death, because tax deadlines start to run from the date of death. The inheritance tax return is generally due within six months, and an extension can be requested in some cases.
How it works
- Documents. The death certificate, the certificate of last wills from the Spanish register and the will, if there is one. Without a will, a declaration of heirs may be needed.
- Tax number for each heir. Each heir needs a Spanish tax identification number to receive the property, and I explain what is needed.
- Taxes. The inheritance tax return and the municipal plusvalía tax on the property, both within the legal deadlines. The amount depends on the region where the property is, the relationship to the deceased and the value.
- Deed of acceptance and distribution. Signed before a notary, it sets out who receives what. Heirs who are abroad can sign through a power of attorney.
- Registration. The deed is registered in the Land Registry, which changes the ownership to the heirs.
Documents commonly needed
- Passports and Spanish tax numbers of the heirs
- The death certificate, legalised and translated if issued abroad
- The will and the certificate of last wills
- Proof of the relationship between the heirs and the deceased
- The title deed and a Land Registry extract for the property
What I do for you
I identify the documents you need, obtain the Spanish certificates, calculate and file the taxes within the deadlines, prepare the power of attorney if you cannot travel, and coordinate the notary and the registration. If the heirs decide to sell the property afterwards, see selling property in Spain. To avoid this process being harder for your own family, see Spanish wills.
Frequently asked questions
Do I have to accept the inheritance?
No. An heir can accept or renounce, and in some cases accept with limits. The decision has legal consequences, so take advice before you decide.
What if the estate has debts?
Debts form part of the estate, so it is important to check them before accepting.
Can I do this from abroad?
In many cases, yes. A power of attorney lets a representative sign the deed, and most of the steps can be handled remotely.
Is inheritance tax the same everywhere in Spain?
No. Regions apply their own rules and reductions, so the amount depends on where the property is and on the circumstances of the heirs.
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