Steps to process an inheritance if you are not a resident in Spain

If you don’t know what to do when a family member dies regarding procedures related to the inheritance, keep reading.

Let’s see step by step what needs to be done to process an inheritance.

What is an inheritance?

An inheritance is a legal act by which the assets, rights and obligations of a person who dies are transmitted to one or more people, who are called heirs.

An heir is a natural or legal person who has the right to receive all or part of the inheritance.

Inheritance law governs all matters relating to inheritance.

Inheritances are also subject to different laws and regulations, also depending on the place where they occur. They are modified by legislative changes and are affected by the Inheritance and Donation Tax.

Formalities required for an inheritance in Spain

The following formalities must be completed when receiving an inheritance:

• Death certificate. You must apply for a death certificate at the registry office. It is issued free of charge. It can be requested in the following ways
  • Online.
  • At any registry office. An appointment must be made in advance.
  • By post, addressed to the registry office of the place of death.
• Certificate from the General Registry of Wills. This register records all wills that a person has made during their lifetime. The original document is kept by the notary. To request it, 15 working days must have passed since the death of the deceased before it can be requested.
• Certificate from the Insurance Registry with death coverage. In many cases the heirs are not aware of the existence of insurance and do not claim it for that reason. The period to claim these amounts is five years.
• Document of the estate. One of the following documents is required:
  • Last will. You must have an authorized copy and not a simple copy. However, a simple copy may be sufficient for tax purposes.
  • Declaration of heirs. If the deceased did not make a will, a notary must appoint the heirs who are authorised by law.
• Inventory. It is where the assets and obligations of the deceased are specified.          
  • Assets  
    • Estate
    • Cash, balances, shares…
    • Vehicles
    • Insurance
    • Household items
  • Passive               
    • Debts of the deceased
    • Inheritance debts
• Partition, with the partition book. This is a basic document in which all details of the parties involved, the assets, the rights, the debts and all allocations are collected. It must be taken into account whether or not there is a will and it is advisable to instruct professionals to draw it up. The lawyer will ask all parties involved to read and sign the document and then notarise this signature before a notary if necessary.
• Tax payment. It is a step that is not usually liked but it is necessary.
  • Inheritance tax. It is the main tribute in inheritances:  
    • Deadline. The payment period is six months from the date of death. In some Autonomous Communities, tax benefits are cancelled if payment is not made on time
    • Payment. Payment is usually made as part of the corresponding self-assessment. It is necessary to fill in the corresponding official forms 650 and 660 and make the payment at the paying-in centre that provides the cashier service or at one of its cooperating centres, banks and savings banks.
    • Place. The competent authority to which the declarations or self-declarations must be submitted is the one corresponding to the place where the deceased had their habitual residence.
    • Documentation. In addition to the declaration and self-declaration forms, the following documents must be submitted:
      • Death certificate of the deceased and the general registry of acts of last will.
      • Authorized copy of the will or declaration of heirs.
      • Insurance contracts.
      • Documentary justification of the charges, encumbrances, debts and expenses whose deduction is requested.
      • Documents proving the age of heirs under twenty-one years of age.
      • Certificate of account balances with financial institutions and the value of shares and investments.
      • Deeds or titles relating to the acquisition by the deceased of the real estate concerned by the inheritance.
      • In some municipalities, it may also be necessary for the inheritance to be formalised in a public deed.
  • Municipal tax on the increase in value of urban land. Although it is not so well known in the field of inheritances, this tax must be paid in the municipality where the urban properties that are inherited are located. Taxpayers will be required to present the corresponding declaration determined by the respective ordinance. The town councils are empowered to establish the self-assessment system for the taxpayer. The period will be six months, extendable up to one year at the request of the taxable person.
• Transfer of the assets. Once the previous steps have been carried out, all the assets of the inheritance are received.     

Now you know how to process an inheritance, with all the steps to follow. However, we recommend that you have professionals to advise you throughout the entire process.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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