Accepting or refusing an inheritance as a foreigner in Spain

Accepting or rejecting an inheritance as a foreigner is a relatively frequent occurrence and it is useful to have all the information related to inheritance rights and formalities for non-residents.

Inheritance rights

Every person who receives an inheritance has the right to accept or reject it regardless of the place of residence at the time of receiving it. Therefore, it also applies in the case of inheritance to foreigners.

In relation to inheritance, one can decide to act in the following ways:

Accepting the inheritance pure and simple. This is the most common case and involves the acceptance of assets and rights as well as obligations, i.e. debts.
Accepting the inheritance with benefit of inventory. In this way, the person who receives the inheritance accepts the inheritance but will only be affected by his or her debts up to the extent of the deceased’s estate, without affecting the heir’s assets.
Deliberate. With the exercise of this right it is possible to know the content of the inheritance through an inventory of assets and debts. It is very useful to know it before accepting or renouncing.

In either case, the procedure must be carried out in a public deed before a notary.

Steps to accept or reject an inheritance as a foreigner

Accepting an inheritance is an act that must be done freely, individually and voluntarily.

To do this, the notary must be consulted to confirm the inventory of assets, rights and obligations and to obtain an economic valuation.

In the case of a foreigner receiving the inheritance, you have different options:

Travel to Spain. There is a time limit for drawing up the inventory and it is 60 days. In some exceptional cases, this period may be extended by the notary, but never more than one year.
Do not travel to Spain. If it is not possible to do so by coming to Spain, you have two options:
1. Go to the Spanish consulate in your place of residence. There you will obtain advice and you will be able to apply for a power of attorney, a document necessary for the formalities related to the inheritance. These formalities can be carried out at the consulate because they have a notary function abroad.
2. Grant special powers of attorney to a notary so that he/she can accept the inheritance. This document allows a person to represent us and is used when it is not possible to carry out a procedure in person.

The deadline for accepting or rejecting an inheritance is 30 years and the deadline for settling taxes once accepted is 6 months.

Documents required to accept an inheritance as a foreigner

Death certificate

The death certificate is an official document that certifies the death of a person, indicating the time and place of death.

Different situations may arise when applying for it:

If the deceased person had Spanish nationality, it is necessary to go to the Civil Registry of the place where he/she died.
If the deceased was Spanish but resided abroad, the certificate is requested at the competent consulate.
If the deceased did not have Spanish nationality, the document is applied for in the country where the deceased died.

Last will and testament

The last will and testament can be consulted in the last will and testament document.

If the deceased was Spanish, the document must be requested from the General Register of Last Wills and Testaments after 15 days of death.

If the deceased is not Spanish, he/she should go to the General Register of Last Wills and Testaments of the corresponding country.

Life Insurance Certificate

The life insurance certificate is an official document proving that the deceased had a valid contract.

If the deceased had Spanish nationality, the procedure will be carried out with the entity with which the insurance policy was taken out.

If the deceased was not Spanish, it is necessary to contact the entity in the corresponding country.

The will

The will is the document that contains the voluntary declaration of what a person wants to be done with his or her assets after death.

If the will has been drawn up in Spain, it will be recorded in the certificate of last will and testament.

If the will is drawn up in another country, it will have to be translated and legalised.

Proving your status as heir

In order to accept the inheritance, one must go to the notary’s office and prove the status of the heir by presenting an identification document, the birth certificate of the heir and the death certificate of the deceased.

If the heir was born in Spain, the birth certificate shall be requested at the Civil Registry of the place of birth.

For those born abroad, the application must be made in the country of birth.

To renounce an inheritance it is necessary to present the identification document of the heir, the will, the Death Certificate and the Certificate of Last Will and Testament. It is possible to accept or reject an inheritance as a foreigner. This can be done by travelling to Spain to carry out the procedure at a notary’s office or, if you are unable to travel, at the consulate or by appointing a representative with a special power of attorney.

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