🇪🇸 Inheriting a Property? That’s Only Half the Process
When you inherit real estate in Spain, you don’t automatically become the legal owner — not until the inheritance is formally accepted, taxes are paid, and the transfer is registered in the Spanish Land Registry.
If you’re a foreign heir or expat, this guide explains how to:
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Complete the legal transfer of ownership
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Avoid penalties, overpayment, or legal roadblocks
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Ensure a clean title and proper registration
🔁 Step-by-Step Guide to Transferring Inherited Property in Spain
1. ✅ Gather Required Documents
You’ll need:
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Death certificate (apostilled + translated if foreign)
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Last will (Spanish or foreign, with translation if needed)
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NIE number for each heir
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Proof of relationship to the deceased (birth/marriage certificates)
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Property deed (escritura) and cadastral reference
2. ✅ Pay Inheritance Tax (Modelo 650)
You must:
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File Modelo 650 within 6 months of the date of death
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Request an extension (within 5 months) if more time is needed
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Calculate regional tax reductions, if eligible (e.g. in Madrid, Andalucía)
💡 In some regions, spouses and children may pay little or no tax, but only if they file correctly.
3. ✅ Sign the Deed of Acceptance (Escritura de Aceptación)
A notary will prepare a public deed of inheritance (escritura pública):
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Confirms your legal right to the property
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Declares your intention to accept the inheritance
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Lists the property details, value, and tax payment
All heirs (or their legal representatives with Power of Attorney) must attend or be represented.
4. ✅ Pay Plusvalía Municipal
This is a separate local tax on the increase in land value since the last transfer.
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Paid to the local town hall
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Based on property location and length of prior ownership
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Often overlooked by foreign heirs — but required before registration
5. ✅ Register the Inherited Property in Your Name
File the inheritance deed and tax receipts with:
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Spanish Land Registry (Registro de la Propiedad)
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Cadastral Office (Catastro), to update property records
Once registered, the property is legally yours — and you can rent, sell, or renovate it freely.
🧾 Common Mistakes When Transferring Inherited Property
| Mistake | Consequence |
|---|---|
| Not paying inheritance tax | Registration denied; penalties applied |
| Skipping Plusvalía Municipal | Risk of fines or legal issues |
| Using an unregistered will | Long delays and extra costs |
| Not translating foreign documents properly | Rejections at notary or registry |
| Failing to update land registry | Future legal problems with resale |
📊 How to Minimize Tax on the Transfer
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Claim regional exemptions (e.g. 99% in Madrid or Andalucía)
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Use fair market valuation instead of overestimated tax values
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Explore gifting options before death to reduce taxable estate
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Work with a lawyer to appeal unfair valuations
💡 If the property’s declared value is too high, the tax bill will increase. But you can challenge it with legal help.
⚖️ How a Lawyer Can Help
Our firm handles:
✅ End-to-end management of the inheritance process
✅ Notary coordination and deed preparation
✅ NIE application and property title transfer
✅ Payment of Modelo 650 and Plusvalía
✅ Registration with Land Registry and Catastro
✅ Representing foreign heirs via Power of Attorney
📞 Need to Transfer Inherited Property in Spain?
We help foreign heirs and expats navigate the legal process of taking ownership of inherited property — quickly, safely, and tax-efficiently.
👉 Book a consultation with a Spanish inheritance lawyer today.