How can you claim an inheritance in Spain if the deceased lived abroad?
Claiming an inheritance in Spain when the deceased lived abroad may seem like a complex process, but with the right legal framework and good advice, it can be done safely.
In this guide we answer the most frequently asked questions from those who need to manage an international inheritance , and we explain the legal steps and documents required to claim your inheritance rights from Spain.
What law regulates inheritance if the deceased lived in another country?
General rule: habitual residence of the deceased
Regulation (EU) 650/2012 establishes that the law applicable to inheritance will, as a general rule, be that of the country where the deceased had his habitual residence at the time of death.
This rule applies to persons who died on or after August 17, 2015.
For example, if a Spanish citizen habitually resided in France, French inheritance law will apply, even if they had assets in Spain.
Exception: choice of national law
The deceased may have indicated in his or her will that he or she wishes his or her succession to be governed by the law of his or her nationality.
This is called professio iuris.
It is very useful for Spaniards living abroad who wish their inheritance to be processed in accordance with Spanish civil law.
What if there is a stronger bond with another country?
The Regulation also provides that, in exceptional cases, if a manifestly closer link with a State other than the State of habitual residence is demonstrated , the law of that other country may be applied.
What documents do I need to claim the inheritance?
To process an inheritance in Spain from a deceased person residing abroad, it is recommended that you gather the following documentation:
- A will (Spanish or foreign).
- A declaration of intestate heirs (if there is no will).
- Un European Certificate of Succession (ECS) if the inheritance has links to several EU countries.
In addition, you must provide:
- Death certificate.
- Identity documents of the heirs.
- Certificates of ownership of assets in Spain.
- Documents proving the habitual residence of the deceased.
- Certificates of registration, marriage or economic status, if applicable.
What is the European Certificate of Succession and what is it used for?
The European Certificate of Succession is a tool created by Regulation 650/2012 that allows heirs to prove their status in any EU Member State (except Ireland, Denmark and the United Kingdom).
This certificate:
- Avoid legalizations and additional procedures.
- It is valid as a title of succession in Spain (according to the Article 14 of the Mortgage Law).
If the certificate is incomplete (for example, it does not indicate who the successful bidder is), it may be rejected by the registries.
Where do I complete the paperwork if I have assets in Spain?
Deed of acceptance and adjudication of inheritance
Once you have proven your status as heir, you must go to a Spanish notary to sign the public deed of acceptance and adjudication of inheritance.
This document includes:
- Identity of the deceased and heirs.
- Inventory of assets and debts.
- Allocation of assets among the heirs.
- Proof of death by means of a death certificate
- Title of succession.
Registration in the Land Registry
If there is real estate in Spain, this deed must be registered in the corresponding Property Registry, along with the recognized succession title (in the case of a sole heir).
Do you have to pay taxes in Spain on inheritances from abroad?
Yes. Even if the deceased lived abroad, assets located in Spain generate tax obligations for the heirs.
- The following must be submitted: Inheritance and Gift Tax in the autonomous community where the assets are located.
- The general deadline is six months since the death, extendable for another six.
- It is important to study if there is double taxation and how to avoid it depending on the country of residence of the heir or the deceased.
What happens if there is no will?
In the absence of a will, the heirs must process a declaration of intestate heirs before a notary.
According to article 55.1 of the Notarial Law, this can be done:
- At the place of the deceased's last residence in Spain.
- Where most of the assets are located.
- Or where he died, if it was in Spanish territory.
This declaration has the value of a succession certificate and allows the rest of the procedure to continue.
What if the will was granted in another country?
A will granted abroad is valid if it complies with:
- The rules of the country where it was granted.
- Or with the national law of the testator.
To be effective in Spain, it may require legalization or apostille, depending on the country.
Managing the inheritance if there is a foreign executor
In countries like the United Kingdom, the executor is the one who manages the inheritance.
However, in Spain it is not necessary for a foreign executor to be involved in order to register property in the Registry, even if the inheritance is governed by English law.
This is recognized by the Resolution of October 1, 2020, of the General Directorate of Legal Security and Public Faith.
What happens if the deceased died before 2015?
If the death occurred before August 17, 2015 , Regulation 650/2012 does not apply , but rather Article 9.8 of the Spanish Civil Code, which refers to the national law of the deceased at the time of death.
This article remains applicable to inheritances prior to that date.
Complete step-by-step procedure
Processing international inheritance in Spain
- Determine the applicable law to the succession (habitual residence or professio iuris).
- Gather all the inheritance documentation.
- Obtain, if applicable, the European Succession Certificate.
- Grant notarial deed of acceptance of inheritance.
- Submit and settle the Inheritance Tax.
- Register the assets in official records.
- Carry out additional actions if there are assets or heirs abroad.
Do you need to claim an inheritance from or to a foreign country?
At RRYP Global we manage every detail of the legal procedure so you can claim your inheritance safely and without surprises.
At RRYP Global, we analyze your case, assess which law applies, and guide you through every step, from the initial process to the final registration of your assets.
Learn about one of our related success stories here
Frequently Asked Questions. FAQS
When assets are located in multiple countries , Regulation 650/2012 can be applied to manage the entire succession through a single legal procedure, provided the countries involved are EU members (excluding the UK, Ireland, and Denmark). If assets are located outside the EU, it may be necessary to initiate parallel procedures or obtain international recognitions.
No. Acceptance or renunciation of an inheritance must be made in full . However, you can accept the inheritance with the benefit of inventory , which limits your liability for debts. This option is especially useful when there are doubts about the deceased's estate, particularly if there are assets or debts in other countries.
No. The European Certificate of Succession (ECS) does not replace a will, but rather complements it . It is a tool to prove your status as an heir or legatee in another Member State. It is not used to distribute the inheritance, but to prove your right to do so.
Yes, if you are an heir, legatee, or administrator of the estate, you can apply for the CSE (Certificate of Settlement of Estates) from the competent authority in the country where the estate is being processed. In Spain, this is done through a notary.
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