Why you need a Spanish will: how inheritance works in Spain

Many foreigners believe their “home” will is enough. While it may be technically valid, relying on a foreign will in Spain usually requires sworn translations, Hague Apostilles and certificates of law to explain your national rules to the Spanish authorities. This can be time-consuming and expensive.

A Spanish will is

Inexpensive – usually between €50 and €100.

Efficient – it simplifies the process. After death, your heirs request an authorised copy and can move forward without international bureaucracy.

Peace of mind – it makes your wishes clear within the Spanish legal framework and helps avoid complications linked to Spain’s forced heirship rules.

Step-by-step: from loss to ownership

1. The first 15 days

Immediately after the death, the first document you need is the Death Certificate (Certificado de Defunción), issued by the Civil Registry where the death occurred.

2. The search for the will

Once 15 business days have passed, we request the Certificate of Last Wills (Certificado de Últimas Voluntades). This confirms whether the deceased made a Spanish will and, if so, which notary holds the original.

Note: We also request a Certificate of Insurance Contracts, which shows whether there are any unknown life insurance policies.

3. Gathering the “paper trail”

To prepare the Inheritance Deed (Escritura de Adjudicación de Herencia), the notary will ask for a specific dossier.

Documents required for inheritance procedures in Spain - To manage an inheritance in Spain, heirs must gather several key documents. Below is an overview of the most important documents and where they are typically obtained:

Authorised copy of the will - Obtained from the notary indicated in the extract from the Wills Register (Registro de Últimas Voluntades).

NIE number - Required for all heirs. Applications are made through the Spanish National Police (Policía Nacional) or via a Spanish consulate.

Title deeds (escritura) - The original title deed for the property in Spain, whether a house or an apartment.

Bank certificate - Issued by the deceased’s bank, showing account balances as of the date of death.

IBI receipt - The municipal property tax receipt, used to determine the tax value of the property.

Vehicle registration documents - Required if a car or boat forms part of the estate. Information is obtained via the Spanish traffic authority (DGT).

4. The notary visit

The heirs (or their representatives, acting under a Power of Attorney) attend the notary to sign the Inheritance Deed. This document lists assets and debts and formally distributes them among the heirs.

5. Settling the taxes

You have six months from the date of death to pay:

Inheritance Tax (ISD) – the rate varies significantly by region (some offer substantial allowances for close family members).

Plusvalía – a local tax paid to the Town Hall on the increase in the land’s value, where the deceased owned property in Spain.

6. The final step: the Land Registry

Once taxes are paid and the deed is stamped, the documents are filed at the Land Registry (Registro de la Propiedad) if there is Spanish property. Only once the change is registered are you legally recognised as the owner for public purposes, enabling you to sell the property or take out a mortgage.

How long does the process take? (Timeline)

One of the most common questions clients ask is: "How soon can we finalise everything?”

In a straightforward inheritance (a Spanish will is in place and all heirs agree), the process typically takes three to six months.

Waiting period (Weeks 1–3) By law, we must wait 15 business days after the death to request the Certificate of Last Wills.

Paperwork phase (Month 1–2) Gathering bank certificates, property valuations and NIE numbers for foreign heirs can take several weeks.

Notary and taxes (Month 2–4) Once the deed is signed, the six-month deadline to pay Inheritance Tax applies. Many aim to complete this by month four.

Registration (Month 4–6) After taxes are paid, the Land Registry typically takes 15–30 days to update ownership records.

Note: If there is no Spanish will and a foreign one must be used, add at least 2–4 additional months due to translations and international legalisation requirements.

How can Estity help

Navigating a cross-border inheritance does not have to be overwhelming. Certus as our collaboration partners role is to handles the bureaucracy so you can focus on what matters.

Would you like them to review your specific case, or provide a cost checklist for a particular Spanish region?