DISPOSITION OF ASSETS INHERITED IN SPAIN. SPANISH INHERITANCE PROCEDURE

The disposition of assets located in Spain by non residents heirs is not an automatic procedure. Please note that it is necessary to carry out some steps in order to have the Spanish properties and assets registered in the name of the heirs.

In these brief lines we inform you on the procedure of acceptance of Spanish inheritance to be followed: 

•  It is necessary to obtain the original Death Certificate. In the event that the decease has occurred out of Spain, it is necessary that the certificate is stamped with the Apostille of the Convention of The Hague. 

• It is also necessary to obtain an original copy of the Spanish Will granted by the deceased, or if the Will was granted out of Spain, have it stamped with the Apostille of the Hague Convention.

• In the event that there is no Will at all, it will be necessary to obtain a certification issued by the corresponding authority, stating who are the heirs as per the applicable legislation, also legalised with the Apostille of the Hague Convention.

Once all the documentation is in place, together with some documentation to be obtained in Spain by your representative (Spanish lawyers and/or Spanish Accountants), it is necessary to arrange a meeting at the Notary in Spain to proceed with the signing of the acceptance Title Deed of the Spanish Inheritance.

The next step would be to settle the Inheritance Tax in Spain and to proceed with the registration of the property in the name of the heir, at the corresponding Land Registry.

Please note that the heirs will need to have NIE numbers, necessary to appear in front of the Notary in Spain and to have the Spanish properties registered in their names.

The Spanish lawyers, accountants and Tax advisers of our Firm Arcos & Lamers Asociados located in Marbella, Costa del Sol,  will be pleased to assist you in the whole  mentioned procedure  in order to have property registered in your name.

This Spanish Law Firm, will also be pleased to advise you in the granting of your Wills in Spain, provide the necessary Tax advice and any legal advice you may need in Marbella, Málaga, the Costa del Sol or in the total Spanish Territory.

Arcos & Lamers Asociados, your Spanish lawyers, fiscal advisors and accountants in Marbella.

María Teresa Arcos, Spanish Lawyer, Registered at the  Bar association in Málaga.

Wim Lamers, Spanish Economist, registered at the school of economics in Málaga.

Marbella, June, 2012.