Settling an inheritance in Spain

It is for people considering, planning or carrying out a move to Spain, including heirs who live abroad. You will know the order of the steps, what you can do from abroad, what can go wrong, and what it will cost and take.

Start with "Settling an estate in Spain step by step". It gives the full sequence, and the other articles go deeper on single points such as having no will, living abroad or a joint bank account.

Death registration, burial and repatriation, inheritance tax calculation and filing, apostille and certified-copy mechanics, and litigation strategy are not covered here.

Key rules

• Inheritance tax deadline: Inheritance tax must be filed within 6 months of death, and you can extend this by a further 6 months if you ask within the first 5 months.
• Last-will certificate: You can request the last-will certificate only once 15 working days have passed since the death, and you must attach the death certificate.
• Time to decide: Once an interested party formally calls on you to decide, you have 30 days to accept or renounce, and silence counts as plain acceptance.
• NIE for heirs: Each non-resident heir needs their own Spanish NIE to sign the acceptance deed, file the tax return and register property.
• Will certificate: The last-will certificate cannot be requested until 15 working days after the death.
• Governing law: The law of the country where the person last habitually lived usually decides the whole estate, not their nationality.

Settling an inheritance in Spain: the whole process, step by step

From death to holding the assets

• Handle the immediate practicalities: medical certificate of death, registering the death, funeral, and notifying pension payers, banks and utilities: Register the death within 24 hours of the medical certificate being issued; the rest in the first days

• Request the last-will certificate and the death-cover insurance certificate, each with the death certificate attached (read: Settling an estate in Spain step by step): Only once 15 working days have passed since the death; the insurance certificate then usually arrives in about 10 working days

• If there is no will, have the heirs declared by a notary (read: Inheriting with no will in Spain): Usually 20 days to 2 months once you start

• Get an authorised copy of the will from the notary named in the certificate, and list the assets, debts and bank balances: After the certificate arrives, in the first weeks

• Decide whether to accept simply, accept with inventory or renounce (read: Accepting or renouncing an inheritance in Spain): Once an interested party formally calls on you to decide, you have 30 days; an inventory is then made within 60 days of the notice, extendable up to 90 days

• If you live abroad, get your own Spanish NIE and arrange representation or signing from afar (read: Inheriting Spanish property when you live abroad): Before you sign the deed, file the tax return or register property

• If a foreign will or foreign estate is involved, use the European Certificate of Succession where it fits (read: Foreign probate and the European Certificate of Succession in Spain): Before you present documents to Spanish banks or the Land Registry; each certified copy is valid for six months

• Sign the deed of acceptance and partition before a notary; if heirs disagree, see the partition options (read: When heirs cannot agree on dividing an estate in Spain): After the will copy and inventory are ready, ideally well inside the tax deadline

• File inheritance tax and the municipal plusvalía tax (read: Inheriting from a foreign estate while living in Spain): Within 6 months of death; you can extend by a further 6 months if you ask within the first 5 months. The deadline runs from death, not from signing Deadline: 6 months from the date of death.

• Register inherited property in the Land Registry, with proof of tax payment or exemption: After the deed and both taxes are filed

• Unblock the bank accounts and update vehicles and utilities (read: Getting access to a deceased person's Spanish bank accounts): Banks usually release funds one to four weeks after a complete set of documents; gathering the documents often takes longer

• Decide what to do with a co-inherited home and set up yearly taxes if you live abroad (read: Co-inherited Spanish home: keep it, sell it or buy others out): After registration; property tax and non-resident income tax recur every year

• If you are a forced heir and think you were shortchanged, claim your reserved share (legítima) (read: When heirs cannot agree on dividing an estate in Spain): Generally 5 years in common-law Spain, counted from the death or from when you could claim; some regions differ

• Allow for the full process: Typically 2 to 6 months, or longer for complex or cross-border estates (read: What settling an estate in Spain costs and how long it takes)

Documents you may need

Identity and residence

• Your own Spanish NIE — Inheriting Spanish property when you live abroad

Translations and legal papers

• Sworn translation of the UK or US grant — Foreign probate and the European Certificate of Succession in Spain

Other documents

• Death certificate
• Last-will certificate — Inheriting with no will in Spain (declaración de herederos), What settling an estate in Spain costs and how long it takes
• Certificate from the Registro de Actos de Última Voluntad — Foreign probate and the European Certificate of Succession in Spain, Getting access to a deceased person's Spanish bank accounts
• Step 1 — Settling an estate in Spain step by step
• Foreign documents — Settling an estate in Spain step by step
• Family book — Inheriting with no will in Spain (declaración de herederos)
• Two witnesses — Inheriting with no will in Spain (declaración de herederos)
• A power of attorney — Inheriting Spanish property when you live abroad
• UK or US grant of probate or letters of administration — Foreign probate and the European Certificate of Succession in Spain

Each article lists the other documents it asks for, where you need them.

Settling an inheritance in Spain: questions that cross several articles

Can I start settling the estate before I know if there is a will?

Yes, you can start with the death certificate, but the last-will certificate can only be requested once 15 working days have passed since the death. It tells you whether a will exists and which notary holds it. If there is none, read Inheriting with no will in Spain (declaración de herederos); if there is, read Settling an estate in Spain step by step.

Who inherits if there is no will?

Without a will, the law passes the estate in order: children first, then parents and grandparents, then the spouse, then more distant relatives, and finally the State. A surviving spouse still has a usufruct (right to use) over part of the estate when children or parents inherit. Regions with their own civil law differ, so read Inheriting with no will in Spain.

What can I do if the heirs cannot agree on dividing the estate?

You have three routes: an agreed notarial deed, a notary-appointed partitioner requested by heirs holding at least half of the estate, or a court action that any heir can bring. Read When heirs cannot agree on dividing an estate in Spain, and Co-inherited Spanish home: keep it, sell it or buy others out if a shared property is the issue.

How much will an abogado or gestor cost me?

Abogados and gestores charge either a fixed fee for a simple inheritance or a percentage of the estate, and fees rise with foreign heirs, several properties or disputes. Fees are separate from notary, registry and tax costs, so ask for a written quote first. See What settling an estate in Spain costs and how long it takes, and Choosing an abogado, notary or gestor and avoiding inheritance scams.