Inheritance in Spain: Legal Help for Heirs Abroad

Which situation sounds like yours?

What has to happen when you inherit assets in Spain?

The route depends on the estate and its connections with other countries. These are the questions we put in order.

1. Identify the estate and the people involved

   Locate the death certificate, any wills, the Spanish property deeds and information about accounts and debts. Check ownership and shares carefully. A home used by the family may be owned jointly or through a company.

2. Establish the applicable law and authority to act

   The deceased’s habitual residence, nationality and any valid choice of law matter. The location of a Spanish property alone does not settle every inheritance question. Where an executor or administrator is involved, their appointment and powers need to be established.

3. Prepare the Spanish documentation

   The documents must show entitlement and support the proposed transfer. This may involve a Spanish notarial deed, foreign succession documents and evidence of foreign law. Check translation and authentication requirements for each document before ordering them.

4. Address tax deadlines alongside the succession work

   For inheritances handled under the state filing rules, the ordinary inheritance tax deadline is six months from death. An extension must be requested within the first five months and carries interest if granted. Deal with this early, even while other documents are being gathered. Our guide for non-resident heirs explains the key tax questions.

5. Complete the steps for each asset

   A property, a bank account and company shares have different transfer requirements. For a property, the succession title, allocation of ownership, tax position and Land Registry requirements must fit together. Agree who will follow through until each task is complete.

Can you handle the inheritance from outside Spain?

Many steps can be organised through a representative. Whether you need to travel depends on the documents and acts involved. A suitable power of attorney may allow specified actions on your behalf, but its wording and formalities should be agreed with the receiving professional before you sign it.

Tell us where you live and whether a lawyer, executor or administrator is already dealing with the estate in another country. That helps identify the Spanish work and the coordination required.

Start with a short account of what has happened

For the first enquiry, gather five facts:

• The date of death and where your relative normally lived.
• Their nationality or nationalities, and whether any will has been found.
• The assets in Spain and where they are located.
• Your relationship to the deceased and your country of residence.
• The step you need help with, including any deadline or written refusal.

A brief summary is enough to start. We can then identify which documents are needed and arrange how to provide them.

Who will deal with your enquiry?

Ángel Seisdedos Gavira, Spanish lawyer registered with the Seville Bar Association, membership number 15,891. Leggado’s professional address is C/ Lope de Vega, 12, San José de la Rinconada, Seville.

Your first enquiry helps establish the service you need. Any legal work, representation and fees will be agreed with you. If advice under another country’s law is required, we will identify that part of the work and the coordination it needs.

Questions heirs often ask

Does Spanish law always apply to a property in Spain?

The applicable succession law needs to be determined first. For deaths on or after 17 August 2015, the EU Succession Regulation generally starts with the deceased’s habitual residence, subject to its exceptions and choice-of-law rules. Spanish tax and registration requirements have their own rules.

Does an English grant finish the Spanish process?

It may be important evidence of authority or entitlement. Its effect in Spain must be assessed with the applicable law, the proposed transfer and the remaining formalities. The section on English Letters of Administration explains a recent registration decision.

How long will the inheritance take?

The useful starting point is a list of outstanding tasks. Foreign documents, valuations, family disagreements and registration defects affect the timetable. Once the documents and obstacle are identified, we can discuss the next steps and what depends on other parties.

Can I ask for help with an amicable inheritance?

Yes. You can get in touch when everyone agrees and you want assistance with the process, as well as when there is a dispute or an administrative obstacle.

Tools to organise the information

Leggado Check’s asset-planning tool (in Spanish) can help you organise the background. If there is a disagreement, the blocked-inheritance tool (in Spanish) helps you describe the obstacle. Bring the resulting questions to the review of your case.