Inheritance in Spain for non-residents — a plain-English overview of who inherits, how forced shares work, which documents you need, what steps to expect, and the tax touchpoints you should plan for. Use this as your first map; get tailored advice before you sign, waive, or pay anything.
Need help with a Spanish inheritance? Book a consultation via Meeting Scheduler or write to Contact. See our civil support here: Individuals → Civil.
Who this guide is for
- Heirs and executors who live outside Spain (EU or non-EU).
- Estates with assets in Spain (e.g., property, bank accounts).
- Foreign wills referencing Spanish assets, or no will cases (intestacy).
Key concepts in a Spanish inheritance
- Estate scope: Spanish law focuses on assets located in Spain (e.g., real estate, Spanish accounts).
- Applicable law: European rules can allow a choice of law (often your nationality). If no clear choice applies, Spanish law may govern certain aspects.
- Forced shares (legítima): Spanish law protects certain heirs (typically descendants, and failing those, parents) with reserved portions of the estate.
- Executor vs heirs: You may see “albacea” (executor) roles; banks and notaries can require precise documentation before releasing funds or signing deeds.
If you own assets in Spain, a local Spanish will coordinated with your home-country will can reduce friction and delays. See Individuals → Civil for will drafting aligned to cross-border rules.
Who inherits: a simple overview
- With a valid will: the will guides distribution, subject to any forced shares that might apply.
- Without a will (intestacy): statutory order typically prioritises descendants, then ascendants, then spouse/partner, then collateral relatives.
- Spouses/partners: rights vary; marital property regimes and partnership recognition can change outcomes.
- Non-traditional families: documentation (parentage, adoption, partnerships) matters—plan ahead to avoid challenges.
Forced shares (legítima) in practice
- What it is: a legally protected portion of the estate for certain heirs.
- Why it matters: even with a will, you may be limited in how much you can leave freely.
- How to handle: use choice-of-law and coordinated will drafting to align intentions with what Spanish authorities will accept.
Documents you’ll likely need
- Death certificate (legalised/apostilled and officially translated if issued abroad).
- Will(s) and probate papers from the country of issuance (with legalisation/translation as required).
- Heirs’ identification: passports; NIE numbers will be needed for signing and taxes.
- Asset evidence: property deeds, bank certificates, vehicle records, share statements.
- Family status documents: marriage, partnership, birth or adoption certificates (with legalisation/translation).
If you need help with apostilles and sworn translations, we handle the workflow under Individuals → Civil.
Typical procedure (high-level)
- Pre-check & document collection: identify applicable law, heirs, assets, and tax exposure.
- Bank and property certificates: obtain formal balances and registry info.
- Notary paperwork: draft the acceptance of inheritance deed and any adjudication to heirs.
- Taxes & filings: calculate and file inheritance-related taxes within legal deadlines.
- Asset transfer: register property at the Land Registry and update bank/account ownership.
Taxes: what to plan for (no rates here)
- Inheritance tax: assessed per heir and asset location; exemptions and reductions vary by region and relationship.
- Plusvalía municipal: local tax potentially due on Spanish real estate transfers.
- Future income or sale taxes: once you inherit property, consider rental tax and capital gains on a future sale.
For a tailored tax path (residency impact, filing deadlines, rental/CGT planning), speak with Individuals → Tax.
Property in the estate (special notes)
- Utilities & community fees: request statements to confirm no arrears.
- Insurance & maintenance: keep cover active during transfer.
- Valuations: may be needed for tax and fair distribution.
- Sale vs hold: plan before the acceptance deed if a near-term sale is expected. See Individuals → Real Estate for due diligence if you intend to sell.
Common pitfalls (and how to avoid them)
- Uncoordinated wills causing conflicts with forced shares.
- Missed legalisations/translations delaying notary or bank processes.
- Late tax filings leading to surcharges or penalties.
- Ignoring the marital property regime (community vs separation) when allocating assets.
- Skipping NIEs for heirs, which stalls signing and registrations.
How Mecan Legal helps
- Cross-border strategy: applicable law, forced shares, and document plan.
- Document production: apostilles, sworn translations, NIEs, bank and registry certificates.
- Notary & filings: inheritance deed, tax calculations and submissions, registrations.
- Real estate actions: utility/community clearances, sale preparation, or tenancy setup with compliant contracts.
Ready to move forward? Book your call via Meeting Scheduler or send us a note on Contact. Explore our civil assistance: Individuals → Civil, tax support: Individuals → Tax, and property help: Individuals → Real Estate.
FAQs
Do I need a Spanish will if I already have one abroad?
Often helpful. A Spanish will aligned with your main will reduces delays and translation burdens, and can clarify your choice of law.
What if there is no will?
Intestacy rules apply. We identify heirs, gather documents, and complete the notary and tax steps so assets can be transferred.
Can I refuse or partially accept an inheritance?
Yes, depending on circumstances. Assess debts and tax exposure before deciding.
How long does the process take?
Documentation and tax timing drive the schedule. With a clean dossier, we streamline notary and registrations.
Can I sell the property straight away?
You must first complete acceptance, pay relevant taxes, and register the title. We can prepare a compliant sale path in parallel.