Spanish Succession Law · Finding What Was Owned
A complete guide to searching all Spanish registries and institutions to build the definitive inventory of a Spanish estate — property, bank accounts, vehicles, insurance policies, company shares, trust-held assets and more.
Why it matters
It is impossible to make a rational decision about accepting or renouncing a Spanish inheritance without first knowing exactly what the estate contains — and exactly what it owes. Spanish heirs sometimes accept an inheritance assuming it consists of a single apartment, only to discover later that there were additional properties, bank accounts or debts they knew nothing about.
Conversely, heirs sometimes renounce an inheritance, missing bank accounts they did not know existed. Spanish banks are under no legal obligation to proactively contact heirs — the burden is on the heirs to search. We have found six-figure bank balances in estates where the family believed the deceased had little financial presence in Spain.
A complete asset search is also essential for the inheritance tax return: the AEAT requires all assets to be declared at their fair market value on the date of death. Omitting assets — even unknowingly — can result in penalties and interest when the AEAT later discovers the omission through its own registry access.
The six registries
Spain's asset information is distributed across six key registries and institutional databases. We search all of them simultaneously:
Asset by asset
We search the Registro de la Propiedad in every Spanish province where we believe the deceased may have held property, based on information provided by the family and on any known addresses. Each Land Registry office covers a specific geographic area; a person with properties in Marbella and Mallorca requires searches at two separate registries. We also cross-reference with the Catastro (Cadastral Registry) to confirm municipal rateable values and identify any additional parcels not registered at the Land Registry.
Spanish banks are legally required to respond to heir enquiries once proof of death and heirship is provided. We write to all major Spanish financial institutions — Banco Santander, BBVA, CaixaBank, Bankinter, Sabadell, ING, Deutsche Bank Spain, Bankia (now CaixaBank), and dozens of smaller regional banks — requesting account confirmation letters (certificados de saldo) at the date of death. For investment accounts and brokerage portfolios, we request portfolio valuations.
The Dirección General de Tráfico maintains the central vehicle registry for all of Spain. We request a certificate confirming all vehicles registered in the deceased's name — cars, motorcycles, boats registered in Spanish waters, caravans and other motor vehicles. Vehicles must be declared in the inheritance tax return at their official fiscal value (typically the market valuation in the official published guides) and must be formally transferred to the heirs.
The Registro de Contratos de Seguros de Cobertura de Fallecimiento records all life insurance and death-benefit policies in Spain. We search this registry alongside the Will Registry — the same death certificate serves both. Once policies are identified, we notify each insurer and request the policy details and named beneficiaries. Even where a beneficiary has been named, the policy proceeds are still subject to inheritance tax and must be included in the Modelo 650 return.
If the deceased was a director or shareholder of a Spanish limited company (Sociedad Limitada) or corporation (Sociedad Anónima), their shares form part of the estate. We search the Companies Registry to identify all Spanish companies in which the deceased held a registered interest. Valuation of unlisted company shares follows AEAT rules: the higher of the book value per the most recent accounts and the capitalised value of average profits.
The Spanish tax authority's records can reveal important information about the estate: whether the deceased filed annual income tax or non-resident tax returns (indicating the likely location of assets), whether any tax refunds are pending (which form part of the estate) and whether any tax debts are outstanding (which are liabilities of the estate). We request the relevant AEAT certificates under the power of attorney granted by the heirs.
Hidden assets
Many international heirs are surprised by what our searches reveal. Common discoveries include:
Debts and liabilities
A complete estate inventory is not just assets — it is also liabilities. We conduct a parallel search for all debts registered against the estate:
Only when both sides of this balance sheet are complete can we advise heirs definitively on the net value of the estate and the appropriate form of acceptance or renunciation.
Complex structures
In some cases, Spanish property is registered in the name of a trustee rather than the beneficial owner. This happens when the trust structure was created before the property was registered, or when the trustee signed the purchase deed in their capacity as trustee. Spanish Land Registry staff may not recognise the trust concept but will nonetheless have registered what was presented to them.
When the registered owner is a trustee and the trustee (or the settlor) dies, the beneficial owner must produce the trust deed (apostilled and translated) to demonstrate their entitlement. We prepare the complete documentation package for Land Registry and notarial purposes, ensuring the beneficial owner's identity is correctly established and all inheritance tax obligations are met.
Some non-resident buyers have historically held Spanish property through offshore companies (Gibraltar LTDs, Jersey companies, Cayman entities). When the shareholder dies, the Spanish property is not directly in the estate — the shares are. We identify all offshore company holdings, assess whether they are subject to Spanish inheritance tax (they typically are, if the shareholder was resident in Spain or the company's main asset is Spanish property), and manage the succession process accordingly. This includes dealing with any outstanding IRNR (non-resident income tax) liabilities of the company and advising on whether to continue or wind up the structure.
Questions answered
A comprehensive asset search — covering all six registries and all major banks — typically takes between four and eight weeks from the date of instruction. Land Registry searches are returned within three to five working days per registry. Bank responses take between two and six weeks depending on the institution. We begin all searches simultaneously to minimise total elapsed time.
The NIE number is the primary identifier used by all Spanish registries and banks. Without it, searches are significantly more difficult — but not impossible. We can use the passport number, the deceased's Spanish address and the death certificate to narrow searches at the Land Registry. For bank searches, the NIE number is generally essential. We advise on obtaining the NIE number's details from any tax records the family can access.
If an heir suspects that another heir is concealing or has already disposed of estate assets, this is an urgent legal matter. We advise on available remedies: precautionary registration of all known assets at the Land Registry (preventing transfers without all heirs' consent), applications to the AEAT for information under the inheritance investigation powers, and — where necessary — court proceedings for asset recovery. Time is critical: assets moved out of the estate before the death is notified become much harder to recover.
Spanish inheritance tax applies to worldwide assets of Spanish residents and to Spanish situs assets of non-residents. If the deceased was a Spanish tax resident, all their worldwide assets — including bank accounts in the UK, property in France, investment portfolios anywhere — must be declared on the Spanish inheritance tax return. For non-residents, only Spanish assets are taxed in Spain. We advise on which rule applies to your specific situation.
All locations
Select your location for specific information about local registries, Land Registry offices and asset search procedures in your area.
Tell us about your situation and we will explain exactly what applies to you — with no obligation.