Inheritance

Spanish inheritance procedure – inheritance law in Spain

The disposition of assets located in Spain by non-resident heirs is not an automatic procedure.
In order to have the Spanish properties and assets registered in the name of the heirs, it is necessary to carry out the following activities:

  • The original Death Certificate has to be obtained. In the event that the decease has occurred out of Spain, it is required that the certificate is stamped with the Apostille of the Convention of The Hague;
  • An original copy of the will in Spain granted by the deceased has to be obtained, or if the will was granted out of Spain, it has to be stamped with the Apostille of the Hague Convention;
  • If there is no will at all, a certificate has to be obtained that is issued by the designated authority, stating the identity of the heirs as per the applicable legislation, also legalised with the Apostille of the Hague Convention;
  • Once all documentation is in place (passports of the heirs and deceased), together with some documentation to be obtained in Spain by your representative (Spanish lawyers and/or Spanish accountants, including – if applicable – a copy of the purchase title deed granted for the acquisition of the property, a copy of the last paid rates receipt (IBI) and a statement of any Spanish bank account showing the balance at the time of the decease), it is necessary to arrange a meeting at the notary in Spain to proceed with the granting and to sign the acceptance title deed of the Spanish inheritance;
  • Please note that the heirs require fiscal identification numbers, the so called NIE numbers (número de identificación para extranjeros), necessary to appear in front of the notary in Spain and to have the Spanish properties registered in their names at the corresponding land registry.

For additional information on Spanish inheritance procedures and the corresponding Inheritance tax in Spain you may also have a look at: http://inheritanceinspain.eu/

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