If you’re a foreigner and have inherited a property in Spain — or expect to — it’s important to understand how Spanish inheritance law works. Rules may differ greatly from your home country, especially regarding forced heirs, inheritance tax, and the process of transferring ownership.
Here’s what you need to know.
⚖️ Key Legal Principles of Inheritance in Spain
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📘 Forced Heirship (Legítima)
Spanish law reserves a portion of the estate for certain heirs (usually children and spouse), even if the will states otherwise. -
✍️ Spanish or Foreign Law May Apply
EU Regulation 650/2012 allows non-Spanish citizens to choose the inheritance law of their nationality in a Spanish will — but only if explicitly stated. -
🏠 Property in Spain is always subject to Spanish inheritance procedures, even if the applicable law is foreign.
🧾 Steps to Inherit Property in Spain
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⚰️ Obtain the death certificate (Spanish or foreign, translated if necessary).
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📜 Provide the will (if any), or apply for intestate succession.
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📝 Accept the inheritance before a Spanish notary (escritura de aceptación).
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💸 Pay inheritance tax (Impuesto sobre Sucesiones y Donaciones).
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🏛️ Register the property in your name at the Land Registry (Registro de la Propiedad).
💰 Inheritance Tax in Spain for Foreigners
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Tax rates vary by region, relationship to the deceased, and property value.
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Foreigners must file and pay within 6 months of the date of death (extensions possible).
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Tax reductions apply for close family, habitual residence, and regional laws.
🌍 Common Issues for Foreign Beneficiaries
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Disputes over applicable inheritance law
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Delays due to missing documentation
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Complex tax forms in Spanish
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Properties with unclear ownership history
🛡️ How Borderless Lawyers Can Help
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Confirm applicable inheritance law
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Draft or review Spanish wills
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Handle tax filings and property transfers
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Resolve inheritance disputes
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Coordinate with notaries and registries
📌 Summary: Inheriting Spanish Property
| Step | What It Involves |
|---|---|
| Accepting Inheritance | Must be formalized before a notary |
| Tax Obligations | Inheritance tax due within 6 months |
| Will and Applicable Law | Choose your national law to avoid forced heirship |
| Property Registration | Must update land registry to your name |
📞 Contact Borderless Lawyers Today
Inheriting property in Spain? Let Borderless Lawyers guide you through the legal, tax, and administrative steps with clarity and care.