Losing a relative who owned a home or held assets in Spain brings a layer of paperwork that can feel daunting from abroad.
This guide walks you through how to claim an inheritance in Spain from abroad, from the very first certificate to the day the assets are finally in your name. It is written for British and other foreign heirs, whether you live here, visit now and then, or have never set foot on the Costa Blanca.
We focus on the legal process itsel. For the tax side, which deserves its own detailed treatment, read our guide to Spanish inheritance tax for non-residents in the Valencian Community. The good news comes first, in most cases you can complete the whole process without living in Spain, and very often without travelling here at all.
Who can claim an inheritance in Spain
Spanish law reserves part of every estate for close family through the legítima, or forced share, so an estate cannot always be left freely to whomever the owner wished. Who inherits depends above all on whether the person who passed away left a valid will.
Where there is a will, the named beneficiaries inherit, within the limits that protect children and, in some situations, the surviving spouse. Where there is no will, Spanish law applies a fixed order of heirs: children and descendants first, then parents and ascendants, then the spouse, and after them siblings, nephews and nieces. We explain each stage in our article on the inheritance process in Spain without a will.
Grandchildren raise a frequent question. When a parent has passed away before the grandparent, the grandchildren can step into that parent’s place through the right of representation. We set out exactly how that works in can grandchildren inherit from grandparents when the father has passed away.
Claiming an inheritance from abroad without travelling to Spain
This is the question we hear most from heirs living in the United Kingdom, Ireland or northern Europe. The answer is reassuring. With a well drafted power of attorney, a Spanish lawyer can request certificates, apply for your NIE, sign the deed of acceptance, pay the tax and register the property on your behalf, so you never need to book a flight.
The power of attorney can be granted before a notary in Spain or before a notary in your own country, with the apostille added afterwards. Its scope should be drawn carefully so it covers exactly what the inheritance needs and nothing more. We regularly complete estates for clients we have never met in person, keeping them updated at each stage by email and video call, which spares them repeated trips at a difficult time.
Does Spanish law or your home country law apply
For anyone with ties to more than one country, the first thing to settle is which law governs the estate. Since 2015, Regulation (EU) 650/2012 has set the general rule: the succession is governed by the law of the country where the deceased was habitually resident when they left us. A person may also choose the law of their nationality in their will, which many British owners do to keep their estate under rules they understand.
The United Kingdom never joined the Regulation, yet it still matters for British heirs, because Spain applies it to estates that include Spanish assets. The European Certificate of Succession can help prove who the heirs are across EU countries, although it does not replace a UK grant of probate where one is required. Brexit did not change the core principle for assets located in Spain.
This is one of the areas where early advice saves months, since the applicable law shapes both who inherits and how the estate is divided.
The documents you need to claim an inheritance
Before anything can be signed, a document pack has to be assembled. Some papers come from Spain and some from your own country, and several of the foreign ones need an apostille and a sworn translation into Spanish.
The core documents are usually these:
- The death certificate of the person who passed away.
- The Certificate of Last Wills (Certificado de Últimas Voluntades), issued in Spain, which confirms whether a Spanish will exists and which one is valid.
- The will itself, or, where there is none, the declaration of heirs (declaración de herederos).
- Your NIE, the foreigner identification number you need in order to inherit and to pay tax in Spain.
- Proof of the assets, such as title deeds for property and balance certificates from the bank.
- Identity documents and, where relevant, papers proving your relationship to the deceased.
Foreign documents normally need the Hague apostille and an official translation. Getting the format right the first time avoids a wasted appointment at the notary and the delay of starting again.
The inheritance process step by step
Once the applicable law is clear and the paperwork is in hand, the process follows a fairly set sequence. These are the six stages most foreign heirs go through.
Step 1. Obtain the death certificate and Certificate of Last Wills
Everything starts with the death certificate. From it, a lawyer requests the Certificate of Last Wills in Spain, which is generally available around fifteen working days after the date of death and tells you whether the deceased made a Spanish will.
Step 2. Confirm the will or obtain the declaration of heirs
If a Spanish will exists, an authorised copy is obtained from the notary who holds it. If there is none, the heirs are established through a declaration of heirs before a notary, following the order that Spanish law lays down.
Step 3. Get your NIE and prepare the paperwork
Every foreign heir needs an NIE to inherit and to deal with the Spanish tax office. It can be applied for in Spain or at a Spanish consulate abroad, and it can also be handled on your behalf under a power of attorney, so you do not have to attend in person.
Step 4. Sign the deed of acceptance before a notary
The heirs then sign the deed of acceptance and allocation of the estate (escritura de aceptación y adjudicación de herencia) before a Spanish notary. This public deed is what formally assigns each asset to each heir and makes the later steps possible.
Step 5. Settle inheritance tax within the deadline
Inheritance tax falls due within six months of the date of death, with a possible extension of a further six months if it is requested within the first five. The amount depends on the region and the relationship to the deceased, a point we cover in full in our dedicated tax guide linked above.
Step 6. Register the assets
With the deed signed and the tax paid, the inherited property is registered in your name at the Land Registry, the bank releases the accounts, and utilities and community fees are transferred. Only after registration can an inherited property be sold or mortgaged.
If you would rather hand the whole sequence to a specialist and stay focused on your family, our team handles inheritances for foreign clients across Torrevieja and Orihuela Costa.
How long does it take to claim an inheritance
Timings vary with the estate, the region and how quickly documents arrive from abroad. As a realistic guide, these are the ranges most foreign heirs can expect.
| Stage | Typical timeframe | Key point |
|---|---|---|
| Gathering certificates (death and last wills) | 2 to 4 weeks | Last Wills certificate issued around 15 working days after death |
| Obtaining the NIE | 1 to 4 weeks | Can be done for you under a power of attorney |
| Declaration of heirs (where there is no will) | 1 to 3 months | Requires a notary and a short waiting period |
| Signing the deed of acceptance | Once the file is complete | Signed before a Spanish notary, in person or by proxy |
| Paying inheritance tax | Within 6 months of death | Extendable by 6 months if requested in the first 5 |
| Registering property and releasing accounts | 1 to 3 months | Bank releases often take the longest |
When the inheritance gets blocked or the heirs disagree
Not every estate runs smoothly. One heir may refuse to sign, an heir may be hard to locate, or the family may disagree over how to divide a property. A stalled estate does not have to end up in court. In many cases the notary route under the relevant procedure can unblock the division without litigation. We explain the options in our guide on what to do before a blocked inheritance.
A quick note on inheritance tax
Tax is a world of its own and sits outside the scope of this guide, yet one point belongs here because it drives the whole timetable. The six month deadline to settle inheritance tax runs from the date of death, not from the day you start the paperwork, so acting early protects you from surcharges. The bands, reliefs and figures for the Valencian Community are set out in full in our guide to Spanish inheritance tax for non-residents in the Valencian Community.
Frequently asked questions
Do I need to travel to Spain to claim an inheritance?
Usually not. A power of attorney lets your Spanish lawyer carry out every step on your behalf, from the NIE application to signing the deed and registering the property, so the whole inheritance can be handled remotely.
Do I need a Spanish will if I already have a British one?
A British will can be valid for Spanish assets, yet relying on it alone tends to make the process slower and more expensive, since it has to be translated, apostilled and interpreted under Spanish rules. A separate Spanish will covering only your Spanish assets usually makes the later inheritance far simpler for your family.
What happens if there is no will?
Spanish law applies a fixed order of heirs and the estate passes through a declaration of heirs before a notary. The full sequence is explained in our article on the inheritance process in Spain without a will, linked earlier in this guide.
How long do I have to claim an inheritance in Spain?
There is no short cut off for accepting an inheritance in most cases, but the six month tax deadline effectively sets the pace, because delay can trigger surcharges and interest. Starting within the first weeks is always the safer course.
What happens to the deceased’s Spanish bank account?
The bank freezes the account once it is notified. Funds are released only after the deed of acceptance is signed and the inheritance tax has been paid and stamped, which is why bank releases often take the longest of all the steps.
Do I need an NIE to inherit in Spain?
Yes. Every foreign heir needs an NIE to accept the inheritance and to deal with the tax office. It can be obtained in Spain, at a consulate abroad or through your lawyer under a power of attorney.
Claiming an inheritance in Spain with the right guidance
An inheritance in Spain is a sequence of clear steps, certificates, a notary deed, tax and registration, and each one is straightforward once you know the order and the deadlines. The part that trips up foreign heirs is rarely the law itself. It is the distance, the translations and the fear of missing a date while grieving. With the right lawyer beside you, most of that weight is lifted, and much of it can be done without you leaving home.
At López Morueco Abogados we have guided British and international families through Spanish inheritances since 2006, across Torrevieja and Orihuela Costa. Speak to our inheritance team for a clear, no obligation assessment of your situation.
