How to Inherit Property in Spain as a Foreigner

Inheriting property in Spain as a foreigner can be both a gift and a legal maze.

Whether you’ve inherited a villa in Andalusia or an apartment in Barcelona, you’re legally required to complete several formal steps to become the new owner — and unlock access to the asset.

In this guide, we walk you through the full process to inherit property in Spain, including legal documents, taxes, registration, and tips to avoid costly mistakes.

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📋 Step 1: Determine the Applicable Law

The applicable law depends on the deceased’s will:

• If they chose their national law in a will (under Brussels IV), that law governs the estate.

• If they did not choose, Spanish forced heirship rules may apply — even to foreigners.

💡 If you’re inheriting as a foreigner, it’s essential to understand which legal framework governs the distribution.

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🧾 Step 2: Gather Essential Documents

You’ll need:

• Death certificate (apostilled and translated if from abroad)

• Certificate from the Spanish Wills Registry

• Copy of the Spanish will (or foreign will with translation + probate)

• NIE number (Número de Identidad de Extranjero) for all heirs

• Title deeds (escritura) of the property

• IBI tax certificate and cadastral reference

• Bank certificate if funds are inherited

⚠️ A lawyer can assist you in coordinating foreign and Spanish documentation.

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💸 Step 3: Pay Spanish Inheritance Tax (ISD)

Before you can transfer title, inheritance tax must be paid:

• Tax form: Modelo 650 or 652

• Deadline: 6 months from date of death (extension possible)

• Tax rate: Depends on value, region, and relationship to the deceased

📍 Foreigners may now benefit from regional tax deductions, thanks to EU and Supreme Court rulings.

More here: Inheritance Tax in Spain for Foreigners

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🏛️ Step 4: Accept the Inheritance Before a Notary

You must sign a “deed of acceptance of inheritance” (escritura de aceptación de herencia) before a Spanish notary.

• All heirs must be identified and accept their shares

• A lawyer or power of attorney can represent heirs abroad

• Taxes must be settled before the deed can be fully enforced

Once the notarial deed is signed, you’re officially considered the new owner.

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🏢 Step 5: Register the Property with the Spanish Land Registry

To complete the inheritance process:

1. Present the deed of acceptance

2. Submit proof of inheritance tax payment

3. File with the Land Registry (Registro de la Propiedad)

Only then will your name appear on the official title deed.

⚠️ Without this, you cannot legally sell or rent the property.

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💡 Optional: Update Cadastral Record (Catastro)

The Catastro manages the property’s administrative and tax data.

Heirs must notify them to:

• Update owner information

• Ensure correct IBI tax billing

• Avoid future municipal fines

This is separate from the Land Registry but equally important.

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🌍 Non-Residents: Do You Need to Be in Spain?

No. Foreign heirs can:

• Inherit remotely via a power of attorney

• Grant authority to a Spanish inheritance lawyer

• Complete all filings and tax payments without travel

Borderless Lawyers can manage the entire process remotely and efficiently.

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🧠 Common Mistakes to Avoid

❌ Failing to register the inheritance — delays future sales
❌ Missing tax deadlines — incurs penalties
❌ Overlooking foreign will conflicts
❌ Assuming no tax applies if you’re not a resident
❌ Trying to sell the property before legal transfer

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👩‍⚖️ How Borderless Lawyers Can Help

We assist foreigners with:

• Validating wills and legal documents

• NIE applications for heirs

• Calculating and filing inheritance tax

• Notarial signing (with or without travel)

• Registering inherited property

• Coordinating with regional tax authorities