Inheritance tax in Spain: applicable law

Although your national law is applicable for the distribution of your Spanish assets, from a fiscal/tax point of view, the inheritors
will be liable to Spanish inheritance tax as laid down in the Inheritance tax law in Spain. In general terms, if the heir is a non-fiscal resident in Spain the inheritance tax in Spain would be rated on assets located in Spain only (such as properties, bank accounts, vehicles, insurance policies, etc.). For fiscal residents, worldwide assets (hence not only those located in Spain) have to be declared in Spain. Additional study on the corresponding bilateral agreement between Spain and the other country has to be carried out in order to ascertain this point in your specific case.

The Inheritance tax in Spain has to be settled within six months after the decease. This Spanish tax is payable by the inheritors and not by the inheritance (estate). This means that the tax has to be paid before the inheritors can obtain the assets of the inheritance.

The Spanish inheritance tax establishes a minimum exemption over the tax to be paid, depending of the relationship between the inheritors and the deceased. For more information regarding inheritance tax you are invited to visit:

The English-speaking lawyers, accountants and tax advisers of Arcos & Lamers Asociados located in Marbella (Málaga) on the Costa del Sol, will be pleased to assist you in the entire procedure. We will also be pleased to advise you on the granting of your will in Spain, provide the necessary tax advice and any legal advice you may need throughout the Spanish territory.

Other Services

Spanish inheritance procedure – inheritance law in Spain

The disposition of assets located in Spain by non-resident heirs is not an automatic procedure.

National or regional law

Per law 21/2001 of 27th December, the collection of the Spanish inheritance tax and the right to produce additional legi

Requirements and formalities of the Spanish Will

Arcos & Lamers Asociados provides legal advice to our clients to grant the Spanish will – the so called open will

Other Services

Not only for advice upon executing a will before a notary or preparation and signing the deed of acceptance and vesting