As legal advisers specialised in Inheritance Law for both intra and extra EU residents, we understand that dealing with the inheritance of a relative in Spain can be an overwhelming process, particularly when you are not familiar with the Spanish legal system or you are not currently residing in the country. Gathering the correct documentation is the first and most important step to ensure that the assets (bank accounts, properties, vehicles) are transferred into the name of the heirs without unnecessary delays or costs.
Below, we explain which documents are generally required to complete an inheritance process in Spain, and how our Firm can assist you in obtaining each one of them.
Documents Required to Start the Inheritance Process
Over the years, we have assisted numerous French and British families based in Alicante and along the Costa Blanca, and we know that the first questions are always the same: which documents do I need, and where do I get them from? These are the ones you should start gathering as soon as possible.
Death Certificate
The Death Certificate is the first document needed to initiate any inheritance procedure. If the deceased passed away in Spain, this certificate is issued by the Spanish Civil Registry. If the death occurred abroad, an official, apostilled and translated copy will be required to proceed with the inheritance in Spain.
Last Will & Testament Certificate
This certificate, issued by the Central Registry of Last Wills in Madrid, confirms whether the deceased made a Will in Spain and, if so, before which Notary. This document is essential, as it determines the following steps of the process.
Copy of the Will
Once the Last Will & Testament Certificate confirms the existence of a Will, we will request an authorised copy of the Will from the Notary Public who formalised it. This document sets out the deceased’s wishes regarding the distribution of the assets among the heirs.
Spanish Probate (in the absence of a Will)
Should the deceased not have made a Will in Spain, a Probate procedure (Declaración de Herederos) will be required before a Notary in order to legally determine who the heirs are, in accordance with Spanish law or the applicable foreign law.
Documents Related to the Assets
Once we have confirmed who the heirs are, the next step is to identify exactly what forms part of the estate. This is where our knowledge of Spanish registries and institutions makes a real difference for clients who are not familiar with them.
Bank Certificate
A Bank Certificate showing the balance of any accounts held by the deceased as of the date of death will be needed, both to distribute the funds and to calculate the Inheritance Tax due.
Property and Vehicle Documentation
Where the estate includes real estate or vehicles, we will obtain the relevant Land Registry (Nota Simple) and Traffic Authority certificates to confirm ownership and any charges or encumbrances affecting the assets.
Life Insurance Certificate
If the deceased held a life insurance policy, a certificate issued by the insurance company will be necessary, as this information is also relevant for tax purposes.
Tax Documentation
This is often the stage that worries our clients the most, especially those inheriting from abroad and unsure how Spanish Inheritance Tax works. Rest assured, this is precisely where our Firm takes over.
Once the above documents have been gathered, our Firm will proceed to calculate the Inheritance Tax, a legal requirement to register the assets in the name of the heirs. We take care of the whole process: completing the corresponding Tax Forms, submitting them to the Tax Office and arranging payment, always within the legal deadline and in strict compliance with current regulations.
Documents to Use Abroad
Many of our English and French-speaking clients also need to close the process back home. In these cases, having the right documents properly legalised is just as important as the inheritance procedure in Spain itself.
If a relative passes away in Spain and you need to formalise the inheritance in your country of origin, you may require official Spanish documents such as the Death Certificate, the Will or the Spanish Probate. Our Firm will assist you in obtaining these documents and legalising them through the Hague Apostille, so that they are recognised abroad. Where necessary, we can also arrange for their translation into different languages (English, French, German…) by official sworn translators.
Our wide experience in this field allows us to obtain each of these documents efficiently, avoiding unnecessary costs and delays, so that the whole inheritance process is resolved with the guarantees you deserve.
How we can help
At Costa Blanca Lawyers, we manage your entire inheritance or property transfer process in Spain from start to finish. We accurately calculate your tax liabilities, help you gather and legalise all the necessary cross-border documentation between your home country and Spain, and personally accompany you to the Notary Public. Our goal is to ensure you can navigate the Spanish system with complete peace of mind and achieve the most tax-efficient outcome for your family.
