Dealing with someone’s affairs in Spain when they die
Raymundo Larraín Nesbitt, March, 6. 2023
Lawyer Raymundo Larrain briefly explains the steps that need to be taken to prepare an inheritance procedure in Spain.
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Article copyrighted © 2023. Plagiarism will be criminally prosecuted
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8th of March 2023
It is strongly recommended that you make a Spanish will when you own property in Spain. The reason is because it will greatly assist your appointed beneficiaries saving them time, money, and aggravation at a time of bereavement. The full advantages are explained in our article: 7 Advantages of Making a Spanish will – 8th May 2018. Spanish wills are usually done in under one hour at a Spanish notary.
It’s important to note you only have 6 months to file inheritance tax in Spain, as from the time of death, without attracting any penalties. After the tax deadline, penalties and delay interests are rolled on top and can be up to 20% of the estate. Your lawyer can request a one-time extension to avoid this.
When a person dies in Spain, you must appoint a Spanish qualified lawyer to instigate and oversee the probate procedure. Depending on whether there is a Spanish will already made, the procedure can take anywhere between two months to over a year. That is why we stress again that making a Spanish will is highly advantageous as it cuts through all the red tape saving considerable time and money (in the thousands).
Property in Spain cannot be sold to anyone until the probate procedure has concluded and the taxes have been filed. Only then can the property be re-registered under the beneficiary’s name who becomes the new legal owner and is now free to sell the property on.
Please note that in several regions of Spain, such as Andalusia, inheritance tax has been suppressed, so 99.99% of people don’t pay any tax on inheriting (but the tax still needs to be filed regardless).
If a loved one passes away in Spain, please contact our law firm so we can assist you. We have over 20 years’ experience assisting in probate matters all over Spain. We are here to help.
LNA offers the following related tax & legal services:
- Will-writing service
- Probate & Succession (inheritance tax)
- Death Certificate
- Spanish Inheritance Tax Assessment Report (SITAR)
Further reading:
- New EU Regulation to be Passed on Succession and Wills –18th May 2010
- EU Pulls the Stops and Vows to Put and End to Inheritance Taxation Discrimination on Non-Resident Beneficiaries Inheriting in Spain – 20th May 2010
- Non-Residents: Six Advantages of Making a Will in Spain – 8th August 2012
- Spanish Wills and Probate Law in Light of European Regulation 650/2012 – 8th January 2015
- Changes to Spain’s Inheritance and Gift Tax Law – 21st February 2015
- Dispelling Spanish Inheritance Tax Myths – 8th August 2015
- Spanish Inheritance Tax for Non-Residents (Part I) – 21st February 2016
- Spanish Inheritance Tax for Non-Residents (Part II) – 8th March 2016
Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.
