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Inheritance Tax

The procedure for dealing with property of non-residents after death.

The first step is to establish the existence of a Spanish will. The Central Registry of Spanish Wills in Madrid should be contacted. If a will exists, the deceased's death certificate will be required in order to apply for a legal copy of the Spanish will.

A valuation of the deceased's estate in Spain will also be required.

If there is a Spanish will, then you can proceed with the administration of the estate in Spain. Only a notarised and apostilled copy of the death certificate is required.

If there is only a foreign will (not Spanish) or intestacy, the following documents will have to be translated, notarised and apostilled, before the administration of the estate in Spain can commence:

  • The death certificate
  • The foreign will
  • Grant of Representation, or equivalent
  • It may be necessary to provide a Certificate of Law to explain the law of intestacy in a particular country.

The legal formalities of transferring property to beneficiaries in Spain are completed before a Spanish Notary (it costs around 1.000€). The Notary ensures, for example, that the beneficiaries are entitled to the deceased's assets.

Once you ( the beneficiary) have seen the Notary, that deed has to go to the relevant Government department, where you have to pay all the compulsory taxes, (the amount depends on the value of the estate). After that you can go to the bank (if there is any money available) and to the land registry to register the house on your name (it costs around 600€.) Any other assets have to be also transferred into your name.

contact us or come to our offices in Alicante or Murcia.

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