Although every inheritance is different, most follow the same general process. The exact procedure will depend on the assets involved, the documents available, the beneficiaries and the applicable succession law.
How Does the Inheritance Process Work in Spain?
At MAM Solicitors, we guide you through every stage of the process, from reviewing the estate to registering the inherited assets in your name.
01
We Review the Estate
The first step is to establish exactly what forms part of the estate and determine which legal documentation is required before the inheritance can proceed.
Our team obtains and reviews the official documents relating to the deceased, including the Death Certificate, the Spanish Certificate of Last Wills and, where applicable, the Spanish Will or any relevant foreign Will. We also examine the documentation relating to the beneficiaries and any assets located in Spain, such as property, bank accounts or investments.
Where documents have been issued outside Spain, we can advise whether they need to be legalised, apostilled or translated before they can be accepted by the Spanish authorities.
If the deceased owned property in Spain, we also carry out the necessary Land Registry checks to confirm ownership and identify any mortgages, legal charges or restrictions affecting the property.
If a Spanish Will exists, we obtain an authorised copy and review its contents. If there is no Spanish Will, the inheritance can often proceed using the deceased’s foreign Will or, where no Will exists, under the applicable succession rules. In these situations, additional documentation may be required to establish who is legally entitled to inherit.
Once all the documentation has been reviewed, we can identify the beneficiaries and determine the legal basis on which the inheritance will proceed.
02
We Prepare the Inheritance
Once the estate has been reviewed, we prepare all the legal documentation required to complete the inheritance.
This includes preparing the inheritance deed, calculating the value of the inherited assets where necessary, reviewing the beneficiaries’ entitlement and calculating any inheritance taxes that may be payable.
If one or more beneficiaries live outside Spain, we can also assist with obtaining an NIE number and preparing a Power of Attorney, allowing much of the process to be completed without travelling to Spain.
Throughout this stage, we coordinate with the Notary, the Land Registry, banks, tax authorities and any other organisations involved in the inheritance, ensuring that all the legal and administrative requirements are completed correctly.
Before any documents are signed, we explain the proposed distribution of the estate and ensure that every beneficiary understands both the legal process and the tax implications of accepting the inheritance.
03
Signing the Inheritance Deed
The inheritance is formally accepted before a Spanish Notary Public through the signing of the inheritance deed.
This document records the beneficiaries, the assets included in the estate, the value assigned to those assets and the share inherited by each beneficiary.
Once the inheritance deed has been signed, the beneficiaries officially acquire ownership of the inherited assets.
If you are unable to travel to Spain, this stage can often be completed on your behalf through a suitably prepared Power of Attorney, avoiding the need to attend the Notary in person.
04
Taxes and Registration
Signing the inheritance deed is not the final step.
Before the inheritance is fully completed, the relevant inheritance tax declarations must be submitted and any taxes due must be dealt with. Depending on the estate, this may also include the payment of the municipal Plusvalía Tax where inherited urban property is involved.
Once these requirements have been completed, we arrange for the inherited property to be registered in the beneficiaries’ names at the Spanish Land Registry and update the Cadastre where necessary.
We can also assist with transferring Spanish bank accounts, updating Community of Owners records, changing utility accounts and completing any remaining administrative formalities.
Our aim is to ensure that every stage of the inheritance has been completed correctly, giving you complete peace of mind and allowing you to enjoy clear legal ownership of your inherited assets
