INHERITANCE · EU RESIDENTS
Inheritance in Spain
An estate with a home, bank account or other assets in Spain requires coordinated legal, tax and registration work. Foreign succession law may govern the inheritance while Spanish formalities still need to be completed.
OUR APPROACH
Understand your situation, check the documents and coordinate the steps in Spain.
YOUR SPECIFIC QUESTION
Focused information.
A clear way forward.
Choose the topic closest to your situation. Each page explains the Spanish steps and the matters to coordinate with your country of residence.
HOW CAN WE HELP?
Answers to the questions behind your enquiry.
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
Settling an estate with assets in Spain
We bring together the notarial, tax, banking and registration steps needed for Spanish estate assets, working with the professional handling any overseas part of the estate.
Understand the processInheritance tax in Spain
Spanish inheritance tax depends on the assets transferred and the circumstances of the deceased and beneficiaries. Regional treatment and filing requirements need an individual review.
Understand the processSelling inherited property in Spain
The estate and sale need to be coordinated so that the sellers have the necessary authority and the tax position is understood. We organise the Spanish steps together.
Understand the processWills and estate planning for assets in Spain
Planning ahead brings your family circumstances, Spanish assets and existing overseas documents into a coherent arrangement. A will alone does not answer every ownership or tax question.
Understand the processTHE STEPS INVOLVED
From initial review
to practical completion.
Identifying rights and applicable law
We examine the deceased’s habitual residence, nationality, wills, any valid choice of law and matrimonial position. The heirs’ rights must be clarified before preparing the allocation of the Spanish assets.
Discuss your situationPreparing succession evidence
Death certificates, succession documents and the Spanish title are assembled. We coordinate with the relevant professional on the documents, translations and authentication needed for the Spanish matter.
Discuss your situationValues and Spanish tax
Values, debts, shares and each heir’s circumstances influence the calculation. Spanish national and regional rules are examined separately from any tax already dealt with abroad.
Discuss your situationRegistration and next steps
The appropriate deed, filings and registration put ownership in order. The heirs can then organise occupation, management, a division of interests or a sale on a properly documented basis.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Death certificate and wills
- Documents proving succession rights
- Spanish title and debt information
- Heirs’ identity, residence and NIE details
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Identify the deceased’s habitual residence, nationality, wills and any choice of national law; the heir’s EU residence alone does not determine the succession law.
- We assess the appropriate succession evidence with the competent professional in the country concerned. Ireland and Denmark do not participate in the EU Succession Regulation.
- Confirm the residence and family relationship of each heir separately for the Spanish tax review. Family members may have different positions.
- Coordinate the Spanish assets, deadlines and supporting documents with the professional handling the estate abroad.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Does Spanish succession law always apply?
No. The deceased’s circumstances and any valid choice of national law must be assessed. Spanish assets still require the relevant local formalities.
Must every heir travel to Spain?
Representation is often possible with a suitable power of attorney. Its scope depends on the transactions and the heirs’ circumstances.
Can the home be marketed before the estate is settled?
Preparations can often begin, but authority to sell and the estate’s progress should be checked before entering a binding commitment.
Does being an EU resident decide the inheritance law?
No. The deceased’s position and any valid choice of law must be examined. The heir’s residence is not enough to determine who inherits.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.