Joint ownership and survivorship for Spanish property and accounts

Key rules

• No survivorship: The survivor does not automatically inherit the deceased's share of a property or account.
• Your own share: A surviving co-owner keeps only their own share; the rest goes to the heirs.
• Wills: A Spanish will is the main way to decide who gets your share.
• Joint accounts: The bank usually blocks the deceased's share, or the whole account, until the heirs provide the documents.

The short answer

Spain has no automatic survivorship. When one co-owner dies, the survivor does not get the whole property. The same goes for a joint account balance. The dead person's share passes by their will or, if there is no will, by the intestacy rules (the legal order of heirs).

Co-owned property

The surviving co-owner keeps only their own share. The deceased's share goes to the heirs named in the will, or to the heirs set by law if there is no will.

Because of this, you could end up co-owning with your partner's children or other relatives. If you want the survivor to end up with the whole property, make a will that leaves your share to them. Get advice from a Spanish notary or lawyer before you buy together.

The heirs then have three steps:

• Accept the inheritance.
• Pay inheritance tax.
• Register the share in the Land Registry. This usually needs a notarial deed of acceptance.

A survivorship clause is not generally available. Some regions, such as Navarre and Aragon, allow it in some forms. In some cases you can agree a clause under which the sole survivor acquires the share. Rules differ by region, so ask a local notary before relying on any clause.

Joint bank accounts

Between the holders, the balance is presumed to be owned in equal shares, unless who paid in what shows otherwise. The deceased's share is part of the estate and passes to the heirs.

When a holder dies, the bank usually blocks the deceased's share, or the whole account, until the heirs hand over the documents listed below. Those documents are in the list on this page.

Banks differ in practice. Many let the survivor withdraw their own share, but not all do. Ask the branch what it will do before you count on the money.

Do not empty the account without telling anyone. The tax authorities may treat undeclared withdrawals as part of the estate.

What to do after a death

1. Get the death certificate.
2. Request the certificate from the register of wills, which shows the person's last wills.
3. Find the will, or apply for a declaration of heirs if there is none.
4. File the inheritance tax return, or show that the estate is exempt.
5. Take the papers to the bank and, for property, to the notary and the Land Registry.

Plan ahead

If you are a couple with Spanish property or a joint account, each of you should make a Spanish will now. Without one, your share goes to your legal heirs, who may not be the partner you expect.

Documents you need

• Death certificate of the account holder

• Certificate from the register of wills (the official record of a person's last wills)

• The will, or a declaration of heirs if there is no will

• Proof that inheritance tax was paid, or that the estate is exempt

Frequently asked questions

Can the surviving co-owner keep the whole property in Spain?

No, the survivor keeps only their own share, because the deceased's share goes to the heirs. The heirs must accept the inheritance, pay inheritance tax and register the share in the Land Registry, usually with a notarial deed of acceptance.

Can I withdraw my share from a joint account after the other holder dies?

Often yes, many banks let the survivor withdraw their own share, but each bank applies this differently. Holders are presumed to own equal shares unless the contributions show otherwise. Withdrawals that are not declared may be treated by the tax authorities as part of the estate, so ask the branch first.

What happens to a joint account when a holder dies?

The bank usually blocks the deceased's share, or the whole account, until the heirs present the required papers.