Inheriting Spanish property when you live abroad

Key rules

• Your own NIE: Each non-resident heir needs their own Spanish NIE to sign the acceptance deed, file the tax return and register property.
• Representative: A representative with a detailed power of attorney can sign the deed in Spain so you do not have to travel.
• Specific powers: The power must state each act expressly, because notaries and registrars may reject generic ones.
• Ask the notary: Check in advance that the Spanish notary accepts your power of attorney.

Can you do it all from abroad?

Yes, most of it. You need two things: your own Spanish NIE and a representative in Spain with a detailed power of attorney. Your representative then signs the deeds and handles the paperwork for you.

Get your NIE first

Every heir needs their own Spanish NIE. You need it to sign the acceptance deed, file the inheritance tax return and register the property. Nobody can use another heir's number, so check that the other heirs apply too.

You can apply at a Spanish consulate abroad. You can also apply with the police (Policía Nacional) or an Oficina de Extranjería in Spain. Use form EX-15, show proof of the reason (the inheritance) and pay the fee on Modelo 790 código 012. Your representative can apply for you if they hold a power of attorney. Processing times vary by consulate, so start early. The notary may also ask for the deceased's NIE.

Sign the power of attorney

The power of attorney (poder) is what lets someone act for you in Spain. Sign it before a Spanish consul or a local notary where you live. It must name your attorney and state the powers expressly, because accepting, renouncing and dividing an inheritance are major acts.

A detailed power can cover the whole succession:

• accepting or renouncing the inheritance, with or without the inventory benefit
• drawing up and signing the division of the estate
• paying and filing taxes, including inheritance tax and plusvalía
• opening bank accounts
• registering the property

Generic powers are often rejected by notaries and the Land Registry, so list every act you need.

If you sign before a foreign notary, the document usually needs an apostille or legalisation, and a Spanish translation if it is in another language. Ask the Spanish notary in advance whether they will accept your foreign document. The notary decides, and finding out afterwards can cost you weeks.

Signing the deed

The normal route is that your attorney signs the acceptance deed in Spain. Another option is to sign your part at a consulate, if the notary agrees. Signing by video call is not the usual route for inheritance deeds, because notaries generally have to be present with the signers.

Limits on your attorney

• One attorney should not represent two heirs with opposing interests, unless the power expressly allows it.
• The power of attorney ends if you die or if you revoke it.

The documents list, checklist and questions below cover the details.

Documents you need

• Your own Spanish NIE (foreigner identification number), issued by a Spanish consulate abroad, the Policía Nacional or an Oficina de Extranjería. You apply with form EX-15, proof of the inheritance as your reason, and the fee paid with Modelo 790 código 012.

• The deceased's NIE, which may also be asked for.

• A power of attorney (poder) signed before a Spanish consul or a local notary, naming your attorney and stating each power expressly: accepting or renouncing, the partition, taxes, bank accounts and registering the property.

• The power of attorney with an apostille (or legalisation), if it was signed before a foreign notary.

• A Spanish translation of the power of attorney, when it is in another language.

Checklist

• Make sure every other heir applies for their own NIE too.

• Ask the Spanish notary whether they accept a power of attorney signed abroad before you grant it.

• Check that the power lists every act you need: accepting or renouncing, the partition, taxes, bank accounts and registration.

• Get the apostille or legalisation and the Spanish translation if the notary asks for them.

• Send the power of attorney to your attorney so they can sign the deed in Spain.

Frequently asked questions

Can I sign the acceptance deed by video call from abroad?

No, video signing is not the normal route for inheritance deeds in Spain, because notaries are generally required to be present with the signers. Sign through an attorney instead, or sign your part at a consulate if the notary agrees (a ratification deed).

Can one attorney represent two heirs with opposing interests?

No, an attorney cannot act where there is a conflict of interest, such as representing two heirs with opposing interests, unless the power expressly allows it. If you want one person to act for several heirs, ask the notary how to word the power.

What happens to the power of attorney if the person who granted it dies?

The power ends when the person who granted it dies or revokes it. Notaries and the Land Registry also reject powers that are too generic, so list each power you need expressly.