Spanish Wills and Inheritance for Non-Residents

If you own property in Spain, a Spanish will can save your family time, translations and complications later. If you have already inherited a Spanish estate, we handle the whole procedure: the documents, the tax filings, the notary deed and the registration of the assets in the heirs’ names.

Request a consultation Call (+34) 950 391 460

What we do

We are English-speaking lawyers in Vera, Almería, and we work with international families — including non-resident heirs — in English or Spanish. We always provide a clear written quote before any work starts.

We provide tailored legal advice to draft the most suitable will for your personal circumstances. And if you are the inheritor of a Spanish estate, we handle the whole procedure:

Preparing the necessary documents — death certificate, certificate of last will, certified copy of the will or probate — translated and apostilled if they were issued abroad.
Legal advice on inheritance tax, and managing its payment where applicable.
Determining and distributing the inherited estate among the heirs.
Registering the inherited assets in the name of the beneficiaries.

We also advise on estate planning and on the inheritance-tax side of that planning, so that your wishes and the Spanish rules are aligned before a problem arises.

Making a Spanish will

A separate Spanish will covering only your Spanish assets avoids delays, translation costs and the complications of a foreign will going through Spanish probate. Under EU Regulation 650/2012 (Brussels IV), you can expressly choose the law of your own nationality to govern succession instead of Spanish law. That matters because Spanish law otherwise reserves a fixed share of the estate for forced heirs such as children. This choice affects which succession law applies, not which country’s tax applies: Spanish inheritance tax still applies to Spanish assets either way.

If you die without a valid will, Spanish law decides the beneficiaries, giving priority to children and other close relatives. That may not match what you intended, especially if you have assets in more than one country.

Drafting the will is straightforward. We first review your options and how you want your Spanish assets to pass. You then sign the will before a notary. The most common form is an open will, signed before a notary and recorded in the Central Registry of Spanish Wills. A closed will keeps the contents private and is less common. A holographic will is handwritten and signed by you; it does not need a notary at the time, but it can be harder to validate after death, so an open or closed will is usually preferable.

The notary fee for a standard will is typically between €80 and €120. Legal advice, tax planning and any translations are additional and depend on the complexity of your estate. We will give you a tailored estimate. Fuller explanation: https://mtsolicitors.com/comprehensive-guide-to-making-a-will-in-spain-benefits-costs-and-legal-insights-for-expats/

Inheriting property in Spain as a non-resident

The process is well established, but Spain has strict deadlines and missing them can lead to surcharges and interest. The will (Spanish or foreign) and the deceased’s habitual residence determine who inherits and in what shares. That is the first thing we review.

Gather the key documents. You will normally need the death certificate (apostilled or in a multilingual EU format, and usually translated if the death was outside Spain); the Certificate of Last Wills from the Spanish Ministry of Justice, which can only be requested once 15 working days have passed since the death; a copy of the Spanish will if there is one; any foreign will, plus whatever the notary requires to rely on it (this may include a translation, an apostille, a grant of probate or a legal opinion on the foreign law); and the deceased’s life-insurance certificate from the Ministry of Justice.
Get an NIE for every heir. Every heir needs a Spanish tax identification number to sign the inheritance deed and pay taxes. An NIE can be requested at a Spanish consulate, and in some cases a tax-only identification number can be obtained through the Spanish Tax Agency. It is best to start this early, because appointment availability varies.
Value the estate and calculate the taxes. We prepare an inventory of the Spanish assets and any debts, then calculate inheritance tax and plusvalía municipal. Even if no inheritance tax is payable, the returns still have to be filed. Tax reliefs only apply if you claim them.
Sign the deed and register the property. The heirs sign the inheritance acceptance deed before a Spanish notary. If you cannot travel, you can grant a power of attorney in your own country, before a local notary and with an apostille, so that we can sign on your behalf. After the taxes are paid, the deed is presented at the Land Registry and the IBI, utilities and community records should be updated.

When the deceased or the heirs are non-resident, inheritance tax is managed by the State using Modelo 650. Following EU case law, heirs resident in the EU, the EEA and in third countries such as the UK can now apply the regional rules. Where the deceased was non-resident, the applicable rules are those of the region where most of the Spanish assets are located. For a home in Almería, that is Andalucía.

Andalucía is currently (2026) one of the most favourable regions in Spain for close family. Children, grandchildren, spouses and parents (tax groups I and II) currently benefit from a reduction of €1,000,000 on their individual share and, on top of that, a 99% tax credit on any tax that remains. In practice, many children and spouses inheriting a typical holiday home currently pay little or no inheritance tax if the return is filed correctly and on time. Siblings, nephews, nieces and unrelated heirs do not benefit from these allowances and may face a significant bill.

If most of the Spanish assets are in Murcia, we calculate the position under the Región de Murcia rules for your case.

The town hall also charges plusvalía municipal on the increase in the value of the land since the deceased acquired it. The heirs are liable for it.

Inheritance tax must be filed within six months of the date of death. One extension of a further six months can be requested, but only within the first five months, and late-payment interest applies during the extension. Plusvalía municipal is also due within six months, extendable up to one year if requested in time. Once you own the property, you become responsible for the annual non-resident tax (Modelo 210) and the IBI council tax.

Many heirs later decide to sell. That is possible once the inheritance has been formalised. A non-resident seller will have the 3% retention deducted from the price on account of capital gains tax, and the value declared in the inheritance becomes the acquisition value for that later sale, so the valuation at the inheritance stage matters.

Step-by-step guide: https://mtsolicitors.com/inheriting-property-in-spain-non-resident-heirs-andalucia/

Who this is for

This page is for expats and other international owners who want a Spanish will, and for non-resident heirs who need to accept a Spanish inheritance — often a holiday home. We handle these matters from start to finish, mostly remotely: certificates, NIEs, tax returns, the notary deed under power of attorney and the registration. We explain each step in plain English and keep you updated.

Areas we cover

We help with wills and inheritances involving property in Almería and Murcia. Our office is in Vera, Almería (C/ Villar nº 6, ground floor, local C, 04620).

We also take inheritance and will matters in Alicante and Málaga.

Frequently asked questions

Do I need a Spanish will if I own property here?

Yes. A Spanish will covering only your Spanish assets avoids delays, translation costs and the complications of putting a foreign will through Spanish probate. You can choose the law of your nationality under EU Regulation 650/2012, but Spanish inheritance tax still applies to Spanish assets. The notary fee for a standard will is typically €80 to €120; our legal work is quoted in writing beforehand. Guide: https://mtsolicitors.com/comprehensive-guide-to-making-a-will-in-spain-benefits-costs-and-legal-insights-for-expats/

Is a foreign will valid in Spain?

A foreign will can be relied on, but the notary will usually need extra paperwork: an official translation, an apostille, a grant of probate or a legal opinion on the foreign law, depending on the case. That is slower and more expensive than having a Spanish will that already covers the Spanish assets.

What documents are needed to inherit in Spain?

Typically: the death certificate (apostilled or in a multilingual EU format, and usually translated if issued abroad); the Certificate of Last Wills; a copy of the Spanish will or the foreign will with supporting documents; and the life-insurance certificate. Every heir also needs an NIE. We obtain and prepare these documents as part of the file.

What is inheritance tax in Andalucía for non-resident close family?

Non-resident heirs can now use the regional rules. For a home in Almería, that means Andalucía. In 2026, children, grandchildren, spouses and parents currently benefit from a €1,000,000 reduction on their share and a 99% tax credit on any tax that remains, so many close-family inheritances of a typical holiday home currently incur little or no inheritance tax if the return is filed on time. Other relatives do not get these allowances. Plusvalía municipal is separate and still has to be filed.

What are the deadlines after a death?

Inheritance tax: six months from the date of death, with one possible extension of another six months if requested within the first five months (interest applies). Plusvalía municipal: six months, extendable up to one year if requested in time. Contact a lawyer within the first two or three months if you can, so there is time to gather documents and NIEs.

Can you handle the inheritance if we cannot travel to Spain?

Yes. If you cannot travel, you can grant a power of attorney in your own country, before a local notary and with an apostille, so that we can sign the inheritance deed on your behalf. We also obtain certificates, arrange NIEs, file the tax returns and register the property.

Talk to us about a will or an inheritance

If you have inherited, or expect to inherit, a property in Almería or Murcia, or you want to make a Spanish will, contact us on (+34) 950 391 460 or at sara@mtsolicitors.com. You can also use the contact form on our homepage. We reply within one business day and will tell you what applies to your situation.

Paloma: (+34) 667 772 929, paloma@mtsolicitors.com. Office: C/ Villar nº 6, ground floor, local C, 04620 Vera, Almería (Spain).

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