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An inheritance involving Spain can combine Spanish assets, foreign heirs, more than one will and tax or registration duties in several countries. We help families identify the applicable succession route, obtain the required Spanish certificates and coordinate the notarial, tax, banking and Land Registry steps.
Which law governs the succession?
For deaths covered by the EU Succession Regulation, the law of the deceased's habitual residence will generally govern the succession as a whole unless a valid choice of the law of nationality was made. Nationality, residence history, the wording of each will and the date of death therefore matter.
The governing succession law must be distinguished from Spanish inheritance tax, Land Registry and notarial formalities. Spanish procedures may still be required for property, bank accounts, shares or vehicles located in Spain even when foreign succession law applies.
Will, intestacy and proof of heirship
The Spanish last-wills certificate confirms whether the deceased granted a Spanish will and identifies the notary who holds the latest one. It can generally be requested once 15 working days have passed after the death.
If there is no valid will, the heirs must be established under the applicable intestacy rules. Depending on the facts, this may require a Spanish declaration of heirs or an equivalent foreign document that is legalised or apostilled and translated.
Certified death certificate
Spanish last-wills certificate
Authorised copy of the latest will
Birth, marriage or partnership certificates
Foreign grant of probate or heirship documents where relevant
Inventory, debts and acceptance
Before accepting, heirs should identify real estate, accounts, investments, vehicles, company interests, insurance and debts. Ownership percentages, matrimonial-property issues and prior gifts can affect the estate.
Spanish law recognises different forms of acceptance, and the consequences for estate debts require individual advice. No heir should sign an unconditional acceptance without understanding the assets, liabilities and applicable law.
Notarial deed, tax and transfer of assets
Spanish estates are commonly documented in a deed of acceptance and distribution of inheritance. The deed records the heirs, legal basis, inventory, valuations and allocation of assets.
Inheritance tax must be dealt with before many Spanish assets can be registered or released. Property transfers may also trigger municipal plusvalía procedures. Banks and registries then require the relevant deed, tax evidence and identification documents.
International estates
Foreign documents usually need the correct original format, apostille or legalisation and a sworn Spanish translation. Conflicting wills, assets in several jurisdictions and heirs abroad require coordinated advice so that one filing does not contradict another.
We organise the Spanish administrative file and work with notaries, registries, banks, tax advisers and foreign professionals as required.
Useful official resources
Official requirements, fees and procedures can change. The competent authority and current rules are checked for each individual case.
Questions about Inheritance and Succession in Spain
Does a Spanish property require a Spanish will?
Not necessarily, but a coordinated Spanish will can simplify administration. Existing wills must be checked to avoid accidental revocation or conflict.
Can heirs complete the process without travelling to Spain?
Often yes, through a properly drafted power of attorney, although the documents and powers required depend on the case.
What if there is no will?
The heirs must be formally established under the applicable intestacy law before Spanish assets can be transferred.
Must foreign probate documents be translated?
Spanish authorities commonly require an apostille or legalisation and a sworn Spanish translation, subject to the document and country of origin.
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Important: This page provides general information and does not replace individual legal, tax, labour, medical or technical advice. Authorities decide applications and disputes independently. Requirements and practice may change.