How Probate in Spain Actually Works for Foreign Heirs

Inheriting a property or any other asset in Spain whilst living in another country involves a number of formalities that should be sorted out from the outset. It is not enough simply to prove that you are an heir: you must check whether there is a will, gather the necessary documentation, decide how to accept the inheritance, formalise the transfer of the assets and fulfil the relevant tax and registration obligations.

Furthermore, if you live outside Spain, much of the process can be handled without travelling, provided you grant the necessary powers of attorney so that someone else can act on your behalf.

In this article by Sol-4Gestion, we explain how the inheritance process works in Spain for foreign nationals, what documents you need, what happens if there is no will, what your options are for accepting or renouncing the inheritance, and how long the process may take.

What do you need to initiate an inheritance in Spain?

Before formalising the inheritance, you must gather the documentation required to prove the death, identify the heirs and determine which assets form part of the estate. The documents that may be required include:

• The deceased’s death certificate.
• Certificate from the General Register of Last Wills and Testaments, to check whether a will has been drawn up in Spain.
• A will, where one exists.
• Declaration of heirs, where applicable in the absence of a valid will.
• Documentation proving ownership of the deceased’s assets and rights in Spain.
• Identity documents of the heirs.
• NIE, where necessary to carry out the relevant procedures in Spain.
• Apostille or legalisation of foreign documents where required.
• Sworn translation into Spanish of documents drawn up in another language, where necessary.

The specific documentation required may vary depending on the heir’s country of residence, the nationality of the deceased, the place where they had their habitual residence, and the type of assets forming part of the estate.

For this reason, in the case of an international inheritance, it is advisable to first review all available documentation with our solicitors specialising in inheritance matters before making appointments or initiating any procedures.

Step 1. Check whether there is a will

The first step is to determine how the succession has been organised. Where there is a will drawn up in Spain, the Certificate from the General Register of Last Wills and Testaments allows you to check which testamentary dispositions are on record and before which notary the will was drawn up.

If the deceased had a will drawn up in another country, the situation may be different. In international successions, it should not be assumed that the existence or absence of a Spanish will alone determines which law applies.

Regulation (EU) No 650/2012 establishes, as a general rule, that the succession is governed by the law of the State in which the deceased had their habitual residence at the time of their death, although there are exceptions and it is also possible that the deceased may have chosen the law of their nationality in certain circumstances.

For this reason, when the deceased lived outside Spain but owned property or assets in the country, it is advisable to first analyse which law applies to the succession.

Step 2. Determine who the heirs are

Once the existence of a will and the applicable law have been verified, it is necessary to determine who is entitled to the inheritance.

• If there is a valid will, its contents and the applicable rules on inheritance rights must be taken into account.
• If there is no applicable will, it may be necessary to draw up a declaration of heirs under intestate succession, which determines who is entitled to the estate in accordance with the relevant legislation.

This point is particularly important in international inheritances, as the status of an heir and the distribution of the estate may depend on the law applicable at the time of death.

Step 3. Identify the assets and any potential debts

Before accepting an inheritance, it is advisable to find out not only what assets exist, but also whether there are any debts or other liabilities linked to the deceased’s estate.

In the case of an inheritance involving assets in Spain, it may be necessary to identify, amongst other things:

• Properties, commercial premises or land.
• Bank accounts.
• Shares or equity interests.
• Vehicles.
• Other rights or assets.
• Mortgages, loans or other debts.

This review is important because simply accepting an inheritance also means taking on the liabilities associated with it.

Where there are doubts about the deceased’s financial situation, it may be necessary to consider accepting the inheritance subject to inventory before making a final decision.

Step 4. Choosing whether to accept or renounce the inheritance

The heir is generally faced with three options:

Unconditional acceptance

The heir accepts the inheritance without limiting their liability for the debts of the estate. The Civil Code stipulates that, through unconditional acceptance, the heir is liable for the liabilities of the inheritance not only with the inherited assets, but also with their own assets.

Therefore, before accepting in this way, it is important to ascertain, as far as possible, the financial situation of the deceased.

Acceptance subject to inventory

The heir may also accept the inheritance subject to inventory, an option which allows them to limit their liability for the debts of the estate in accordance with the terms set out in the Civil Code.

The declaration to make use of this benefit must be made before a notary and must be accompanied by the corresponding inventory of the assets of the estate.

If the heir is abroad, the Civil Code also provides for the possibility of carrying out certain procedures before a Spanish diplomatic or consular officer authorised to perform notarial functions.

The time limits and formalities relating to the benefit of inventory depend on the specific circumstances of each succession; therefore, it is not advisable to automatically apply a standard time limit to all cases.

Renunciation of the inheritance

The third option is to disown or renounce the inheritance. The renunciation must be formalised before a notary by means of a public deed and means that the heir does not acquire the assets to which they would otherwise be entitled by virtue of that status.

Before deciding whether to accept, accept subject to inventory or renounce the inheritance, it is advisable to analyse both the assets and any potential debts, as well as the tax implications of each option.

Step 5. Formalising the acceptance and allocation of the inheritance

Once the heirs have been identified and a decision has been made on how to proceed with the inheritance, the next usual step is to formalise the deed of acceptance and allocation of the inheritance.

In a succession where there is no dispute amongst the heirs, this procedure is usually carried out before a notary.

The deed sets out who the heirs are, which assets form part of the inheritance and how they are allocated amongst them.

Once the distribution has been formalised, the necessary procedures can be carried out to transfer ownership of the assets, including, where applicable, their registration in the Land Registry.

Do I have to travel to Spain to inherit a property?

Not necessarily. If you live in another country, you can grant a power of attorney so that someone can represent you in certain procedures relating to the inheritance.

Depending on your country of residence and the necessary formalities, the power of attorney may need to be drawn up before a local notary and may require an apostille or legalisation and, where applicable, a certified translation. There are also cases in which a Spanish consulate may be involved.

The power of attorney must be correctly drafted so that the representative can carry out the necessary actions on your behalf.

Therefore, if you are dealing with an inheritance in Spain whilst abroad, it is advisable to organise this part of the process before travelling. In many cases, this helps to avoid unnecessary journeys and makes it easier to sign the documents in Spain.

What happens if there is no will?

Where there is no applicable will, the succession can be settled in accordance with the rules of intestate succession.

However, in an international inheritance, it should not automatically be assumed that Spanish law applies. 

Regulation (EU) No 650/2012 sets out rules for determining the law applicable to international successions, generally taking the deceased’s habitual residence as the reference point and providing, amongst other scenarios, for the possibility of choosing the law of the State of which the deceased was a national.

Therefore, if the deceased was habitually resident outside Spain but owned a property or other assets in Spain, it is particularly important to determine which law governs the succession before commencing the proceedings.

How long does the inheritance process take in Spain?

There is no single timeframe for all inheritances. If the documentation is complete, there are no disputes amongst the heirs and the assets are correctly identified, the deed can be formalised within a relatively short period.

However, an international inheritance may take longer when it is necessary to:

• Request documents from another country.
• Have foreign documents apostilled or legalised.
• Have documents translated by a sworn translator.
• Determine the law applicable to the succession.
• Locate the deceased’s assets or bank accounts.
• Resolving disputes between the heirs.
• Completing the subsequent tax and registration formalities.

Furthermore, it is important to distinguish between the deadline for settling the estate and the tax deadlines.

In the case of acquisitions by reason of death, the general deadline for filing Inheritance Tax is six months from the date of death, although the relevant tax authority and the specific circumstances of each case may affect the practical handling of the tax.

It is therefore not advisable to wait until all registration procedures have been completed before beginning to review tax obligations.

Common mistakes when settling an inheritance from abroad

• Waiting to travel to Spain before starting: Living outside Spain does not mean you have to wait until you travel there to begin all the formalities. A properly granted power of attorney may allow certain procedures to be carried out remotely.
• Failing to check foreign documentation in advance: Documents issued in other countries may require an apostille, legalisation or a certified translation. Sorting out these requirements at the outset prevents delays later on.
• Confusing the existence of property in Spain with the automatic application of Spanish law: In an international succession, the location of a property in Spain does not, on its own, determine the entire body of law applicable to the inheritance. It is necessary to analyse the circumstances of the deceased and the rules of private international law.
• Accepting the inheritance without knowing about any potential debts: Before accepting an inheritance, it is advisable to ascertain, as far as possible, the deceased’s financial situation and to consider the various options for acceptance.
• Confusing the inheritance procedure with the tax deadline: The deed of acceptance and allocation, the settlement of inheritance tax and the registration of the assets are related procedures, but they are not exactly the same process nor do they necessarily have the same deadlines.

Manage an inheritance in Spain from abroad with Sol-4 Gestion

Managing an inheritance in Spain from another country can be particularly complex when you need to coordinate foreign documentation, powers of attorney, tax procedures and changes of ownership.

At Sol-4 Gestion, we can help you organise the process and handle the necessary procedures in Spain, particularly in the Valencian Community, where we handle the majority of our cases, as well as for clients from other parts of the country.

Our inheritance management service in Spain can include coordinating documentation, the deed of acceptance and allocation, the necessary powers of attorney to act in Spain, tax settlement and procedures relating to the Land Registry.

We speak English and Spanish. If you have inherited a property in Spain and live abroad, please contact us so we can assess your case and advise you on the procedures you need to follow.

Frequently asked questions about the inheritance process in Spain