Spanish Inheritance Law · Accepting the Estate
A comprehensive, step-by-step explanation of how to accept a Spanish inheritance as a non-resident heir — covering the six-month deadline, the Deed of Acceptance, inheritance tax, trusts, power of attorney, regional law and how we manage the entire process for you in English.
What it means
When a person dies in Spain — or dies elsewhere but owned assets in Spain — their heirs do not automatically receive those assets. Under Spanish law, the inheritance must be formally accepted through a notarial act called the Escritura de Aceptación de Herencia (Deed of Acceptance of Inheritance). Only once this deed is signed, the inheritance tax paid and the assets registered can the heirs take legal ownership.
This applies to every type of Spanish asset: property registered at the Land Registry (Registro de la Propiedad), bank accounts held at Spanish banks, vehicles in the DGT registry, investment portfolios, life insurance proceeds, business interests and participation in Spanish companies. None of these are released to the heirs until the formal acceptance process is complete.
For international heirs — those living in the UK, Germany, the Netherlands, the United States, Poland or anywhere else in the world — the process is conducted entirely in Spanish, by Spanish institutions, under Spanish law. We manage the entire process on your behalf, in English, without you needing to travel to Spain.
The critical rule
Spain imposes a strict six-month deadline on the acceptance of inheritances and the payment of inheritance tax (Impuesto de Sucesiones y Donaciones). The clock starts on the date of death — not when probate begins in another country, not when you receive the death certificate, not when you first contact a lawyer.
If the deadline is missed, automatic surcharges apply:
An extension of a further six months can be requested from the tax authority (Agencia Tributaria) — but this must be applied for within the first five months from the date of death. Do not wait until month six to start the process.
Contact Us Now — It Is Time-SensitiveThe process
We obtain the official Spanish death certificate from the Civil Registry (Registro Civil). If the deceased died outside Spain, the foreign certificate must be legalised with an Apostille under the Hague Convention and translated by a sworn translator (traductor jurado). We handle this entirely.
We search the Registro de Actos de Última Voluntad in Madrid to confirm whether a Spanish will was registered and obtain a certified copy. A foreign will can also be used in Spain if properly apostilled and translated. We check both simultaneously.
We search all Spanish registries — the Land Registry, the DGT vehicle register, the Insurance Registry, the Cadastre and all Spanish banks — to build a complete, certified inventory of everything the deceased owned in Spain.
You grant us a poder notarial (power of attorney) — signed before a notary in your home country with an apostille, or at the nearest Spanish consulate. This authorises us to act on your behalf throughout the entire process without you travelling to Spain.
Before any acceptance we conduct a thorough investigation of debts: mortgages registered at the Land Registry, outstanding tax liabilities with the AEAT, community of owners fees, pending utility bills, loans and any creditor claims. Only when you know the full picture can you make an informed decision.
We calculate the inheritance tax owed by each heir, applying all available national and regional reductions, bonuses and exemptions — including the ECJ 2014 ruling entitling non-EU-resident heirs to regional bonuses. We prepare and file the tax return (Modelo 650 or 660) before the deadline.
We sign the Escritura de Aceptación de Herencia at the notary under your power of attorney. All heirs are represented. If multiple heirs must partition the estate, we prepare the partition agreement (cuaderno particional) simultaneously.
Property is registered in your name at the Land Registry. We pay the plusvalía municipal (local land value tax) to the relevant council. Bank accounts are released. Vehicles are transferred. We deliver all documents: title deeds, tax receipts, Land Registry certificates. The inheritance is fully closed.
Legal options
Aceptación pura y simple — the heir accepts all assets and all debts of the deceased. Any debts that exceed the value of the estate become the heir's personal liability. This is the standard form and is appropriate when the estate is clearly solvent and you have verified there are no hidden debts.
A beneficio de inventario — the heir accepts the estate but their liability for debts is capped at the value of the assets inherited. Recommended when the estate's solvency is uncertain, when there are outstanding mortgages, or when the deceased had significant debts. Requires a formal, notarised inventory.
What you will need
The documents needed vary depending on whether there is a Spanish will, whether the deceased was resident in Spain and whether there are multiple heirs. We collect or help you obtain every one of the following.
Central institution
In Spain, the notary (Notario) is a public official who plays a central and compulsory role in every inheritance. Unlike in some common-law countries where lawyers draft documents privately, in Spain the notary has a gatekeeping function: they verify identities, check the chain of title, ensure no prior liens exist, confirm tax has been paid and authenticate the deed with state authority.
The Escritura de Aceptación de Herencia must be signed before a Spanish notary — either by the heirs in person or by their authorised representative under a power of attorney. The notary then sends the deed directly to the Land Registry for registration.
We work with notaries across all Spanish provinces and can coordinate the signing wherever it is most efficient for the estate — typically the province where the main property is located. For estates with assets in multiple provinces, we coordinate multi-province procedures.
Accepting property
Spanish property is registered at the local Registro de la Propiedad. The deed of acceptance, once signed before the notary, must be presented at the Land Registry of the district where the property is located. The registrar verifies the deed, checks for encumbrances and, once satisfied, records the change of ownership.
The registration process typically takes between four and eight weeks, depending on the Land Registry and the complexity of the estate. Until registration is complete, the property cannot be sold, mortgaged or otherwise transferred — even though the heir is the beneficial owner from the moment of signing the deed.
You must also pay the plusvalía municipal — a local tax on the increase in urban land value — to the relevant council within 30 days of the deed being signed. We calculate, prepare and pay this on your behalf.
Financial assets
On death, all Spanish bank accounts are frozen by the institution. To release the funds, the bank requires: the death certificate, the Will Registry certificate, proof of heirship, the signed Deed of Acceptance and the inheritance tax payment receipt (carta de pago). We prepare and present all of this to the bank. Release typically takes one to three weeks after all documents are filed.
Spanish investment accounts and brokerage portfolios held at Spanish institutions follow the same procedure as bank accounts. For foreign investments or UK/US brokerage accounts that happen to hold Spanish-listed securities, the process may differ — we advise on the appropriate procedure for each case.
Life insurance policies with a named beneficiary are paid directly to the beneficiary outside the estate — they do not pass through the will. However, the proceeds are still subject to Spanish inheritance tax and must be declared on the Modelo 650. We check the Insurance Register, identify all policies and advise on the tax implications for each beneficiary.
Remote acceptance
The vast majority of our clients never set foot in Spain during the inheritance process. A correctly granted power of attorney is the key tool that enables this.
You sign the power of attorney before a notary in your home country (a UK solicitor acting as notary, a German Notar, a Dutch notaris, an American Notary Public, etc.). The document is then legalised with a Hague Convention Apostille by the relevant authority in your country. We send you a Spanish-language template; the translation is provided by our sworn translator. This option works from anywhere in the world.
Most Spanish consulates worldwide accept appointments to execute powers of attorney in Spanish directly. This is often quicker as the document does not need separate apostilling — it is already a Spanish notarial document. We provide you with the exact text to take to the consulate. This is particularly convenient for clients in cities with a large Spanish consular presence.
Required identification
The Número de Identificación de Extranjero (NIE) is Spain's tax identification number for foreign nationals. Every heir who inherits Spanish assets — whether property, money or anything else — must have a NIE number before the inheritance can be completed. Without it, no Spanish bank will release funds, no Land Registry will accept a deed and no tax return can be filed.
NIE numbers can be obtained at Spanish consulates abroad, at Spanish police stations (Comisaría de Policía) or — under a power of attorney — we can apply for them on your behalf in Spain. We typically obtain NIE numbers as one of the first steps in the inheritance process, in parallel with the will registry search and asset inventory.
The NIE is a permanent number: once obtained, it never expires and you will need it for all future interactions with Spanish tax authorities, including annual non-resident income tax declarations if you retain any Spanish property.
Partition of the estate
When there are multiple heirs and the estate consists of several assets, a cuaderno particional (partition agreement) must be prepared alongside the Deed of Acceptance. This document sets out exactly which heir receives which asset, and at what valuation. All heirs must agree to the partition and all must sign (in person or under power of attorney).
Where heirs cannot agree on the partition — for example, when one heir wants to sell the property and another wants to keep it — the matter may need to be resolved through judicial partition (partición judicial). We represent clients in both consensual and disputed partitions, always seeking the most time-efficient resolution to minimise tax surcharges.
If a property is left to multiple heirs in undivided shares (proindiviso), all co-owners must agree on any future sale, which can create practical complications. We advise on how to structure the partition to avoid this from the outset.
Complex structures
Many British and American clients have estate plans that include trusts. Understanding how Spain treats these structures is essential before any decision is made about accepting — or not accepting — the Spanish inheritance.
A trust is a legal arrangement — common in the UK, US, Ireland, Channel Islands and many Commonwealth jurisdictions — in which a settlor transfers assets to a trustee, who holds and manages them for the benefit of one or more beneficiaries. The defining feature is that the trustee is the legal owner while the beneficiaries hold the beneficial (equitable) interest.
Spain has not ratified the Hague Convention on the Law Applicable to Trusts and their Recognition (1985). As a result, Spain does not recognise the trust as a legal institution within its domestic law. Spanish law has no concept of "equitable ownership" separate from legal ownership. When a trust holds Spanish assets — a property in Marbella, a bank account in Málaga — the Spanish tax authorities and registries look through the trust structure entirely.
This does not mean that trust-held Spanish assets cannot be inherited. It means the process is more complex and requires specialist advice to navigate correctly.
Spain's Directorate General of Taxes (Dirección General de Tributos — DGT) has issued a series of binding rulings (consultas vinculantes) on how trusts are taxed. The key principles are:
The most common UK structure. The trustee has full discretion over distributions. Spain does not recognise the trustee's separate legal ownership. When the settlor dies, AEAT treats the beneficiaries as inheriting directly — each beneficiary pays Spanish inheritance tax on their share, calculated based on what they actually receive from the trust.
Key risk: If distributions are not made promptly after the settlor's death, the six-month Spanish inheritance tax deadline may be missed, triggering surcharges.
The beneficial owner is absolutely entitled and treats the trust as transparent for all purposes. Spain agrees — the beneficial owner is taxed as the true owner throughout. This structure has no particular disadvantages under Spanish law and is the simplest to administer. The beneficial owner must declare the Spanish property on their Spanish tax returns from the outset.
Key advantage: Straightforward inheritance — treated exactly like direct ownership.
The Spanish concept of usufructo (usufruct) maps closely onto the life interest. The life tenant has the right to use and enjoy the property; the remainderman holds the bare ownership. Spanish inheritance tax is split between the two: the life tenant pays on the usufruct (valued by age using the formula: 89 minus the life tenant's age, minimum 10%, maximum 70%) and the remainderman pays on the bare ownership at the time of the original death.
Planning opportunity: The usufruct/nuda propiedad split is recognised and can be used in Spanish wills as an effective succession tool.
Trusts established for non-charitable purposes or for charitable purposes are extremely uncommon in Spanish inheritance practice. Where they hold Spanish assets, the AEAT will analyse the structure on a case-by-case basis. Charitable trusts may qualify for the Spanish entidad sin ánimo de lucro exemption, but formal registration in Spain is typically required. Dedicated legal advice is essential.
Offshore asset protection trusts that hold Spanish property are a recurring challenge. Spain's Land Registry accepts transfer from the trust to the beneficiaries but requires full documentation: the trust deed (translated by a sworn translator), trustee resolution, confirmation of beneficial interest and proof that all Spanish taxes are paid. The AEAT may investigate transfers from offshore trusts to verify they are not disguised gifts.
The American revocable living trust (Revocable Living Trust or RLT) is extremely common among US clients who own Spanish property. During the settlor's lifetime, Spain treats the settlor as the owner. On death, the trust becomes irrevocable and the successor trustee must complete a full Spanish inheritance acceptance procedure — with death certificate, trustee certification and all standard documents. Spanish inheritance tax applies as if the assets passed by will.
Critical: The trust instrument must be apostilled and fully translated into Spanish for use in Spain.
When a trust holds Spanish assets and the settlor/beneficiary dies, the trustee cannot simply transfer the assets without going through Spanish inheritance formalities. The trustee's obligations in Spain include:
We work directly with foreign trustees and their solicitors to coordinate the Spanish side of this procedure. We are experienced in producing the bilingual documentation packages that Spanish notaries and registries require.
A key concern for beneficiaries of trusts with Spanish assets is the risk of being taxed twice — once in Spain (on the inheritance of the Spanish property) and once in their home country (on the distribution from the trust).
The position depends on the bilateral treaty situation:
Cross-border law
One of the most important — and frequently misunderstood — aspects of international inheritance in Spain is which country's succession law applies. The answer determines who the heirs are, what they receive and how much freedom the deceased had to distribute their estate.
For citizens of EU member states who die owning property in Spain, EU Succession Regulation 650/2012 applies. The default rule is that the law of the country where the deceased was habitually resident at the time of death governs the entire succession — including Spanish assets.
If the deceased was habitually resident in the Netherlands, Dutch succession law governs — even for Spanish property. However, a professio iuris clause in the will allows an EU national to choose the law of their nationality instead. A German national living in Spain can choose German law; a French national living in the UK can choose French law for their worldwide estate.
This is one of the most powerful planning tools available to EU nationals. Contact us to discuss whether a professio iuris clause in your Spanish will would benefit your estate.
After Brexit, the UK is no longer covered by Regulation 650/2012. British nationals who own Spanish property are now subject to Spanish private international law, which applies the lex situs rule: Spanish law governs Spanish property. This means Spanish forced heirship rules (legítima) apply to your Spanish estate regardless of what your UK will says.
The same applies to US, Canadian, Australian and other non-EU nationals. If you own Spanish property, Spanish law governs who can inherit it — and the mandatory legítima portions (one third to forced heirs as a block, one further third as a preferential portion) cannot be excluded.
A Spanish will, carefully drafted to work alongside your home-country will, is essential for British, American and other non-EU property owners in Spain. We draft Spanish wills for international clients — in English and Spanish — covering all eventualities.
Where in Spain matters
Spain is a quasi-federal state. Inheritance law is national, but inheritance tax is largely regulated by each autonomous community — with dramatic differences between regions. Where the deceased was last resident (or, for non-residents, where the asset is located) determines which regional rules apply.
One of the most generous regions for heirs. Bonuses of up to 99% of the inheritance tax for direct line heirs (children, spouses, parents). Effectively zero inheritance tax for most family inheritances. The region where most foreign buyers own property — Marbella, Estepona, Fuengirola, Nerja, Mijas — all fall within Andalucía.
Similarly generous: 99.9% bonus for direct line heirs and spouses. Effectively zero tax for immediate family. Major retirement and holiday property market for British and German buyers — Tenerife, Las Palmas, Costa Adeje, Maspalomas.
Near-total reduction for direct heirs. Practically zero tax for children and spouses inheriting from parents or each other. The region covering the Costa Blanca — Torrevieja, Jávea, Calpe, Dénia, Benidorm — where many British, Dutch and German retirees own property.
99% bonus for direct heirs. Effectively zero inheritance tax regardless of estate value. Makes Madrid and its surrounding municipalities — Pozuelo, Las Rozas, Majadahonda — some of the most tax-efficient locations for inheritance in Spain.
The most complex and expensive region for inheritance tax. No general bonus; tax rates range from 7% to 32% with only modest personal allowances. Heirs inheriting Catalan property can face significant tax bills. Careful planning — including a professio iuris clause for EU nationals — is especially important here.
Generous bonuses — up to 100% for direct line heirs since 2023. Full exemption for children, spouses and parents in most cases. Property values in Palma and Pollença are very high, so the regional bonus makes a significant practical difference to the final tax bill.
After the inheritance
Completing the inheritance is not the end of your relationship with the Spanish tax system. As a non-resident owner of Spanish property, you have ongoing annual obligations that must be met.
Every non-resident who owns Spanish property must file an annual income tax return — even if the property is not rented out. On a vacant property, a renta imputada (deemed rental income) is taxed at 19% (EU/EEA residents) or 24% (non-EU residents) of 1.1% of the Cadastral value. If the property is rented, actual rental income is taxed. The deadline is 31 December of the following year. We file this return for all our clients who retain Spanish property after the inheritance.
The Spanish Impuesto sobre Bienes Inmuebles (IBI — roughly equivalent to council tax) is an annual charge payable to the local council. Owners must ensure the IBI account is updated to their name after the inheritance. Community of owners fees (cuota de comunidad) are payable if the property is in an urbanisation or apartment building. We update all these accounts as part of the inheritance closure.
Non-residents who own Spanish assets above €700,000 in total value may be subject to annual Spanish wealth tax. Each autonomous community has its own exemption thresholds and rates. Some regions (Madrid) have a full bonus making this effectively zero; others (Cataluña) have significant rates. We advise on whether wealth tax applies to your situation and assist with filing if required.
When you eventually sell the inherited Spanish property, you will be subject to Spanish capital gains tax (Impuesto sobre la Renta de No Residentes). The gain is calculated as the difference between the sale price and the value declared in the inheritance tax return — which is why it is important to correctly value assets in the acceptance deed. The CGT rate for non-residents is currently 19% for EU/EEA residents and 19% for others. The buyer is required to retain 3% of the price and pay it to the AEAT as a withholding tax.
Solving problems
Some Spanish properties — particularly older rural properties or rural buildings on urbanised land — are not fully registered at the Land Registry. Before they can be transferred in an inheritance, the registration must be regularised. This may require an expediente de dominio (title registration procedure) or a declaración de obra nueva (registration of the building). We handle this as part of the inheritance process.
Many Spanish holiday homes have rooms, terraces, pools or extensions built without planning permission. These cannot be legally transferred until regularised (or in some cases formally accepted as illegal but tolerated under the statute of limitations). We identify these issues early and advise on the options: regularisation, acceptance with a declaration of existing state, or sale to a buyer who will regularise.
If one of the named heirs has pre-deceased the testator, their share passes to their own heirs (children) or as directed by the will (substitution clauses). We trace all inheritance chains to ensure every entitled person is identified and included in the deed — if they are not, the inheritance may be challenged later.
Spanish banks are not obliged to proactively notify heirs of accounts held by the deceased. Heirs must actively search. We search every bank with a Spanish presence for accounts in the deceased's name. Occasionally this reveals assets — or debts — of which the heirs were unaware. We have found bank accounts containing significant sums that no family member knew existed.
Business succession
If the deceased owned shares in a Spanish company (Sociedad Limitada — SL, or Sociedad Anónima — SA), those shares form part of the estate and must be included in the Deed of Acceptance. The valuation of unlisted company shares for inheritance tax purposes follows specific AEAT rules — typically the higher of the book value per the last company accounts and the capitalised value of average profits over the preceding three years.
Inheriting a business interest also brings significant tax planning opportunities. The national empresa familiar (family business) exemption can reduce inheritance tax on qualifying business assets by up to 95%, provided strict conditions are met — including that the deceased was actively involved in management and the heirs maintain the business for at least ten years. We assess eligibility for this exemption in every case involving business assets.
Timeline
The duration of a Spanish inheritance varies significantly depending on complexity, but a typical timeline for a straightforward estate with one property is:
Complex estates — multiple properties, disputed partitions, unregistered buildings, trust structures — take longer. Starting immediately after the death is the most important factor in completing within the six-month tax deadline.
Common questions
No. By granting us a power of attorney — signed before a notary in your country and apostilled, or at your nearest Spanish consulate — we represent you at every stage: signing the deed, paying taxes, registering property and dealing with banks. The vast majority of our international clients complete the entire process without travelling to Spain.
If no Spanish will is registered, we first check whether the deceased left a will in their home country that can be recognised in Spain. If no valid will exists anywhere, we open an intestate procedure by obtaining a Declaración de Herederos ab intestato — an official declaration of the legal heirs — from a Spanish notary. This takes longer, which makes it even more important to start immediately.
Yes. Each heir makes an independent decision. One heir's renunciation does not prevent others from accepting. The renouncing heir's share passes to whoever would inherit next under the will or intestate rules. We advise all heirs together on the optimal outcome for the family as a whole.
A mortgage is a debt of the estate. If you accept purely and simply, you inherit the mortgage along with the property. If the mortgage exceeds the property's value, acceptance under benefit of inventory protects you. We identify all mortgages before any decision is made and advise on the most appropriate form of acceptance.
Trust-held Spanish property requires specialist handling. Spain does not recognise the trust as a legal entity, so the trustee cannot simply transfer the property without completing the full Spanish inheritance acceptance process. We work directly with trustees and their UK solicitors to produce the complete bilingual documentation package required by the Spanish notary and Land Registry, and to ensure all Spanish inheritance tax obligations are met within the six-month deadline.
We provide a fixed-fee quote before any work begins, based on the value and complexity of the estate. Costs include our professional fees, notary fees, Land Registry fees, inheritance tax and any translation/apostille costs. There are no hidden charges. See our full cost guide for a detailed breakdown.
No. Under Spanish law, you cannot sell, mortgage or transfer a property you have not formally accepted as an heir. The Deed of Acceptance must be signed and the property registered in your name before any sale can proceed. Buyers and their lawyers will insist on this. We can complete the acceptance and the sale sequentially — often within a single notarial appointment for straightforward cases.
All locations
Select your location below for specific information about the inheritance acceptance process, local notaries, Land Registry offices and applicable regional tax rules in your area.
Tell us about your situation and we will explain the process, the timeline and the cost — with no obligation.