What settling an estate in Spain costs and how long it takes

Terms used

• Registro de la Propiedad — The Registro de la Propiedad is the public land registry where property ownership is recorded.
• Plusvalía — The plusvalía is a municipal tax on the increase in value of urban land when a property changes hands.
• Hoja de encargo — The hoja de encargo is the written fee quote a lawyer or gestor gives you before starting work.
• Gestores — Gestores are administrative advisers who handle paperwork and tax filings for a fee.

Key rules

• Timeline: Plan for 2 to 6 months, or longer if there are several properties, heirs abroad or a dispute.
• Separate bills: Notary, registry, adviser and tax costs are billed separately, so get each quote in writing.
• Adviser quote: Ask for a written quote before hiring a lawyer or gestor.
• Regional tax: Inheritance tax amounts and filing offices depend on the region.

Notary and registry scales and adviser fees change and vary by city, so confirm current figures with the notary, the registry and your adviser.

The short answer

Expect the whole process to take 2 to 6 months or longer. Costs come in four separate parts: notary, registry, adviser and taxes. Each is quoted and billed on its own, so ask for each quote before you commit.

Notary fees

Notary fees follow an official scale. They depend on the value of the estate, the number of pages and the number of assets. The deed declaring the heirs, the acceptance deed and the partition deed are each charged separately. For a simple succession, the total is usually a moderate share of the estate's value. Ask the notary for one quote covering all the deeds you need.

Registry fees

The Registro de la Propiedad also charges on an official scale. The fee for each property depends on that property's value. With several properties, the registry costs add up, so ask for the fee for each one.

Lawyer and gestor fees

Abogados and gestores usually charge in one of two ways:

• A fixed fee for a simple inheritance.
• A percentage of the estate, often lower as the estate gets bigger.

Fees vary by city and by how complicated the case is. They cost more if you are a foreign heir, if there are several properties or if there is a dispute. Disputes may be billed by the hour. Local bar associations publish fee guidelines, but these are not binding. Get a written quote (hoja de encargo) before you hire anyone.

Taxes

Taxes are billed separately from every fee above. They are inheritance tax and the municipal plusvalía tax. Both are filed within 6 months of death. You can extend the inheritance tax deadline by a further 6 months if you ask within the first 5 months. The amount depends on your region, so ask the tax office of the region where the person lived. Always check whether a quote includes taxes. Most do not.

How long it takes

The first step is not instant. You can request the last-will certificate only once 15 working days have passed since the death, and you must attach the death certificate. After that, the order is:

1. Collect the certificates and the copy of the will.
2. List the assets, debts and bank balances.
3. Sign the deeds before the notary.
4. File the taxes.
5. Register the property and update banks, vehicles and utilities.

The timeline below shows each step. Delays usually come from a missing document, several properties, heirs abroad or a dispute among heirs.

How to keep costs under control

Use the checklist below to collect quotes from the notary, the registry and any adviser. Add a larger budget line if you are a foreign heir, if there are several properties or if there is a dispute.

Timeline and deadlines

• Get the death certificate from the Registro Civil: As soon as possible after the death

• Request the death-cover insurance contracts certificate and an authorised copy of the will from the notary: After you know which notary holds the will

• List the assets, debts and bank balances: Before you sign the deed

• Sign the deed of acceptance and partition before a notary: Once the inventory and documents are ready

• Register the property and update banks, vehicles and utilities: After the deed and tax filings; the whole process usually takes 2 to 6 months or longer

Documents you need

• Death certificate (certificado de defunción), issued by the Registro Civil. You need it to request the last-will certificate.

• Last-will certificate (Registro General de Actos de Última Voluntad), issued by the Ministry of Justice. It shows whether a will exists and which notary holds it.

• Death-cover insurance contracts certificate, issued by the Ministry of Justice. It shows whether the person held life or death insurance.

• Authorised copy of the will, issued by the notary who holds it.

Checklist

• Ask each lawyer or gestor for a written quote (hoja de encargo) before hiring.

• Confirm whether each quote includes taxes, since these are billed separately.

Frequently asked questions

Are the notary and registry fees a fixed amount?

No, notary and registry fees follow official scales that depend on the value of the estate, the number of pages and the number of assets. The deed of heirs, the acceptance and the partition deed are each charged separately. Ask the notary and the Registro de la Propiedad for a quote before you sign.

Are taxes and gestoría fees included in the notary and registry fees?

No, gestoría fees and taxes are charged separately from notary and registry fees. Budget for each of them on its own line, and ask every professional what their quote covers.

How do lawyers and gestores usually charge for an inheritance?

They usually charge either a fixed fee for a simple inheritance or a percentage of the estate, often lower as the estate grows. Foreign heirs, several properties or disputes cost more, and disputes may be billed by the hour.

How long does the whole estate process usually take?

The whole process typically takes 2 to 6 months, and it can take longer. Several properties, heirs living abroad or disputes tend to stretch it.