Inheritance Tax

In Spain, the procedure for dealing with the estate of a deceased person can be an absolute nightmare - which is where we come in.

The first step is to establish whether or not the deceased person made a Spanish will. The Central Registry of Spanish Wills based in Madrid will need be be contacted. If a Spanish will does exist, the deceased's death certificate will be required before being able to apply for a legal copy of their Spanish will.

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

If there is a Spanish will, then it is possible to proceed with the administration of the estate in Spain.

However, if the person did not die in Spain but did make a Spanish will, a notarised and apostilled copy of the death certificate is required so that a translation can be made.

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

  • The death certificate
  • The foreign will
  • Grant of Probate, or equivalent
  • It may also 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 in the presence of a Spanish Notary (it normally costs around 1.000€). The Notary ensures, for example, that the beneficiaries are legally entitled to the deceased's assets.

Once (the beneficiary) has been to the Notary, that deed has to go to the appropriate Government department, in order to pay all the relevant taxes (the amount depends on the value of the estate). Then it is possible go to the bank (if there is any money available) and thereafter to the land registry to register the house in the new name (this costs about 600€.) Any other assets will also have to be transferred into the name of the beneficiary.

Total cost depends on the value of the estate.

Our advice is to leave such complicated issues to the professionals so do please contact us or pop in to our offices in Hondon de los Frailes if you would like further information.