De Micco & Friends assists inheritors in all procedures regarding the execution of inheritances in Spain. We register the death, process the will, negotiate the proper division of assets, register the new ownership of properties in Spain, and respond to any other inheritance issues. The first steps are to know whether a Spanish will was drawn up, and whether the deceased was a resident or non-resident of Spain. Please contact us if you would like support in sorting out your inheritance issue.
The inheritance execution process
The actual acceptance of inheritance in Spain is done by formal deed in front of a Notary Public. The beneficiaries (or their representatives through a Power of Attorney) will turn up at the Notary at the appointed time and he will run through the Escritura (the deed of acceptance of inheritance) at a huge rate of knots and then ask the beneficiaries to sign at the bottom. This Escritura will contain the inventory of the Spanish assets (properties, bank accounts, shares, bounds, cars, etc.), and also will list the Inheritors who, following the law of application (Spanish or British), have rights over the Spanish assets, and the percentage over those items (or the individual items obtained from each inheritor).
Regarding properties, after the signing of the title deeds, properties need to be registered at the related land registry, updating the land registry records with the new inheritor’s names, and the relevant inheritance taxes should be paid then.
De Micco & Friends offers full inheritance registration and execution services:
- Full representation by PoA for all procedures
- Asset research (if necessary)
- Execution of the will before the notary public, set up in two languages, with the attendance of a professional translator at the moment of signing before the notary.
- Detailed information of all costs and inheritance tax in Spain deriving from the acceptance of the inheritance.
- Recompilation of all documents necessary for the execution of the deed, such as death certificate, will, NIE number, certificate from the General Registry of Last Wills in Spain, certificate for the holder of the bank account in Spain and other rights and assets in Spain.
- Attendance at the notary’s office for the execution of the Deed of Determination of the heirs, and in its case, the deed of Acceptance and Vesting of Estate (Grant of Probate).
- Filling and payment of the inheritance tax in Spain.
- Registering the inheritance title deed at the corresponding Registry.
- Change of ownership in the property register (if property)
- Sale of property (after ownership change)
- Funds management and transfers
- Asset management
The procedure for dealing with property of non-residents after death
The first step is to establish the existence of a Spanish will. The Central Registry of Spanish Wills in Madrid should be contacted. If a will exists, the deceased's death certificate will be required in order to apply for a legal copy of the Spanish will. A valuation of the deceased's estate in Spain will also be required.
If there is a Spanish will, then proceed with the administration of the estate in Spain. Only a notarised and apostilled copy of the death certificate is required.
If there is only a foreign will or intestacy, the following documents will have to be translated, notarised and apostilled, before the administration of the estate in Spain can proceed:
- The death certificate
- The foreign will
- Grant of Representation or equivalent
- It may be necessary to provide a Certificate of Law to explain the law of intestacy in a particular country.
The legal formalities of transferring property to beneficiaries in Spain are completed by a Spanish Notary. The Notary ensures, for example, that the beneficiaries are entitled to the deceased's assets.
Inheritance tax for non-residents
Beneficiaries who do not have their usual residence in Spain are liable to this tax. Residents in Spain are also liable for this tax when the deceased person did not have their habitual residence in Spain.
The filing deadline for the inheritance tax return is 6 months from the date of death. Upon submission of the Form 650, the Tax Agency will calculate the tax payable. Or, the taxpayer can opt for self-assessment, submitting the simplified Form 652. If a taxpayer who is required to make payment does not have a NIF, they must take the following steps:
Non-resident foreign national taxpayers must apply for a NIE, either from a police station that processes foreign nationals or from a Tax Agency office. The documents required to apply are:
- An authenticated photocopy of the passport of the taxpayer (the beneficiary).
- A photocopy of the Deeds of Acceptance of the Inheritance.
- A NIE application form.
- In the event of a taxpayer acting through a representative, the authorisation or power of attorney.
Non-resident Spanish taxpayers must apply for a NIF from a Tax Agency office by presenting the following:
- A Certificate from the Spanish Consulate in the country where you reside, confirming that you are registered on their Registry of Spanish citizens.
- An authenticated photocopy of the consular passport of the taxpayer (the beneficiary).
Please contact us for further information.
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