The death of a family member in Spain when you live abroad raises an immediate question: Do I have to fly to Spain to process the inheritance? The answer, in most cases, is no. With proper representation and, since 2023, even via video call before a notary, it is possible to manage the entire Spanish inheritance from Argentina, Mexico, Colombia, United States, or any other country.
Can I process a Spanish inheritance from abroad?
Yes. Spanish legislation allows non-resident heirs to participate in the processing of the inheritance in two main ways:
- Granting a notarial power of attorney in favor of a trusted person or a lawyer in Spain, to act on your behalf in all proceedings.
- Appearing personally via video call before the Spanish notary, thanks to Law 11/2023 on notarial digitalization.
At Notaría Online, we can prepare the notarial power of attorney via video call in 24-48 hours, and we also advise you at every step of the inheritance.
Steps to process the inheritance from abroad
- Death certificate: Obtain the death certificate of the deceased from the Spanish Civil Registry. If the death occurred in Spain, this registration is automatic.
- Certificate of last wills: Request from the Ministry of Justice the certificate indicating whether the deceased left a will and before which notary.
- Copy of the will or declaration of heirs: If there is a will, obtain an authorized copy. If not, process the declaration of heirs ab intestato before a notary.
- Inventory and valuation of assets: Identify all assets, debts, and rights of the deceased in Spain (real estate, accounts, vehicles, shares, etc.).
- Liquidation of the inheritance tax: File and pay the Inheritance and Gift Tax with the tax authority of the autonomous community where the assets are located.
- Deed of acceptance and adjudication: Execute before a notary the deed of inheritance in which the inheritance is accepted and the assets are distributed.
- Registration in the Property Registry: Register the inherited real estate in the name of the new owner.
Inheritance tax for non-resident heirs
For years, non-resident heirs in Spain were taxed on the inheritance tax at much higher rates than residents, because they were not eligible for regional discounts. The Court of Justice of the European Union (CJEU) ruled in 2014 that this discrimination was contrary to European law, and since 2015, heirs residing in the EU and the European Economic Area can benefit from the more favorable regional regulations.
However, heirs residing outside the EU (such as those living in Latin America or the U.S.) continue to be taxed under state regulations, which are usually more burdensome. It is essential to have specialized tax advice to plan the payment of the tax and avoid surprises.
How long does it take to process an inheritance in Spain?
The usual timeframe is 6 to 12 months, although it can be shorter if the proceedings are straightforward and all heirs agree. The main factors that extend the process are:
- Multiple heirs in different countries with coordination difficulties
- Complex assets (businesses, shares, properties in rural areas)
- Conflicts among heirs
- Delays in obtaining official documents
The deadline to pay the inheritance tax is 6 months from the date of death (extendable for another 6 months with prior notice to the tax authority). It is important not to let it pass to avoid surcharges and late payment interest.
Notarial power of attorney from abroad for the inheritance
The most common way to manage a Spanish inheritance from abroad is to grant a notarial power of attorney to a trusted person in Spain. With Notaría Online, you can grant that power via video call from your country in 24-48 hours, without needing to go to the consulate or travel to Spain. The power can include all necessary powers to accept the inheritance, pay taxes, sell assets, collect insurance, and perform any other procedure related to the succession.
Do you need help with your inheritance in Spain?
At Notaría Online, we have a specialized team for inheritances for non-residents. We handle everything: notarial power of attorney via video call, obtaining documents, processing the tax, and the inheritance deed. Contact us without obligation to explain your specific situation.