Inheritance specialists in Spain
We help you in difficult times by making the paperwork easy.
Succession law experts
First consultation free
At Alecora we provide inheritance legal services in Spain. Our team will support you and help with the following matters,
- Making a Will.
- Inheritance tax planning.
- Handling inheritance process in Spain.
- Minimising your inheritance tax payment
Inheritance in different regions of Spain
In each region of Spain there may be slight variations in the taxes to be levied in the event of a death.
There are autonomous communities with very lax taxation, in which you will not have to pay inheritance taxes unless the total inherited amount exceeds one million euros for each heir (as is the case in Andalusia), provided that the value of the heirs’ assets before death are worth less than €1M in order to be able to apply this nil rate band.
On other occasions, however, you will have to pay inheritance taxes and the deceased’s savings will be depleted in these cases.
The most important thing is to have all documents in order, both regarding debts and estate, and that the heirs decide whether to accept the inheritance or not.
Leaving a Will in Spain
As in other countries, in Spain you can make a will that may determine your
last will and testament regarding the assets of your inheritance.
This document shall be notarised in Spain or if the will has been notarised
abroad, then you shall register it in the Spanish Probate Registry.
However, the Spanish inheritance law provides that children cannot be left with no shares of the estate, as well as the spouse, in case that no marital separation of property is established. Therefore, if you are a resident in Spain but are a national from another country, you can choose which inheritance law will apply at the time of your death, but you must register said choice in your will.
The will can be revoked as long as another one is made subsequently and the veracity of the document can be investigated before a Notary and lawyers.
English speaking lawyers for Wills and Inheritance
Our legal department will handle all the services you need regarding inheritances and wills with the utmost sensitivity, discretion and efficiency.
Inheritance and death in Spain:
If a relative has left an inheritance in Spain or you are making arrangements for yourself or a loved one to prepare for a death, you should have an expert to help you deal with the inheritance, especially if you are going to leave assets in different jurisdictions. Spain has many inheritance taxes which, if you do not know them well, can give you an unexpected surprise. We can provide you with advice at all times on how to claim an inheritance in Spain or how to prepare everything. You can talk to us in a free consultation to better understand this difficult situation.
Understanding the Spanish inheritance system
Although there is never a good time to read this, it is a good idea to familiarise yourself with the Spanish inheritance system. It is different from other EU countries. This is why we recommend you to seek the help of an expert to avoid overpaying.
Spanish inheritance tax rules are somewhat peculiar and, if you are not careful, you will probably end up overpaying. You should have certain documents in order to start processing and managing an inheritance:
- Death certificate
- Last will and testament
- Declaration of heirs
- Insurance certificates of the deceased
- Debts and non-payments
With all these documents you can start to determine whether or not you have to make a payment in order to receive the inheritance assets. Furthermore, we will help you to obtain all these documents prior to the probate.
Faqs about Inheritances and Wills
Below, you will find answers to foreigners’ most frequently asked questions regarding wills and inheritances in Spain:
- What do you need to receive an inheritance in Spain?
- Bank Accounts Inheritance
- Property Inheritance
- Widow’s, Widower’s or Orphan’s Pension in Inheritance in Spain
- Do I need an inheritance lawyer?
What Do You Need to Receive an Inheritance in Spain?
You will need to prepare the following documents:
- Obtaining all heirs’ NIE number (tax identification number for foreigners).
- Obtaining the probate certificate.
- Obtaining a copy of the last will and testament or, if the deceased has not made one, preparing all the documents for an intestacy probate.
- Inheritance tax advice.
- Obtain death certificates and grants of probate.
- Obtain the European certificate of succession.
- Transfer of properties, securities and bank account funds onto heirs and beneficiaries.
- Preparation of public deeds for the transfer of inherited properties.
- Legal representation of heirs who are minors.
- Contentious Probate and Inheritance issues (you will need a lawyer to go to Court).
Bank Accounts Inheritance
In the event that a deceased has bank accounts to which you are entitled by inheritance, you should be aware of the following information. You will need the last will and testament and the probate certificate or a proof of intestacy, as well as proof of your relationship with the deceased to start requesting any document from the banks.
The next step is to inform the bank that the person has passed away. The bank will proceed to freeze the bank account until there is a final declaration of heirs, a formality that can take several months. However, if you are assisted by an expert, waiting times are greatly reduced.
Once the inheritance process has been completed, you shall file the inheritance tax return and, then, submit all the paperwork to the bank, so that the bank account holder may be changed from the deceased to the heirs.
This process with the bank’s inheritance department can take a long time, but it may be quicker if you count on experts such as Alecora.
In case of any property in Spain, after the aforementioned inheritance process is completed, you should present all the paperwork to the Land Registry in order to register the change of ownership.
Widow’s, Widower’s or Orphan’s Pension in Inheritance in Spain
The deceased may leave a widow or orphan after passing away. If this is the case, the Spanish State provides widow’s, widower’s and orphan’s pensions, depending on the taxable contribution base and the years worked by the deceased in Spain.
Requirements are minimal, but the procedure can be quite tedious at certain times. It is one of the processes for which we should rely on the help of a professional to guide us or even to take charge of the whole process.
Do I need an Inheritance Lawyer?
Ask for help. Spain can be a confusing country when it comes to some of the inheritance laws and taxes, so it is normal and advisable to ask for help. It’s the best way to take your mind off all the paperwork and focus on what’s important.
Besides, the ultimate goal is to make sure you pay less money for your
inheritance, so we won’t stop working until you get the maximum benefit from
this unfortunate situation.