Notarial power of attorney to process an inheritance without being present

Yes. Foreign citizens can incorporate and be partners or administrators of a Spanish Limited Liability Company as long as they have:

• NIE (Foreign Identification Number): essential for any tax procedure in Spain, including the incorporation of companies.
• Valid passport

The NIE can be obtained:

• In Spain at the National Police
• Abroad through the Spanish consulate

Once incorporated, the Spanish company operates normally. The administrator can be a non-resident in Spain, although they will be taxed in Spain on the income obtained in the country.

Our team advises non-residents throughout the entire process, including obtaining the NIE.

Notarial powers are classified according to their scope:

• General Power: authorizes the attorney-in-fact to act in any matter on behalf of the principal (patrimonial, personal, judicial, etc.).
• Special Power: limited to a specific act: to sell a specific property, to sign a specific contract, to represent in a specific lawsuit.
• Power for Lawsuits: to act in judicial and arbitral proceedings.
• Banking Power: to operate accounts, contract financial products, etc.
• Preventive Power: for the case of future incapacity of the principal (widely used in dependency planning).
• Irrevocable Power: in specific cases, it cannot be revoked unilaterally.

The choice of the appropriate type depends on what the power is needed for. Our team advises on the most suitable modality in each case.

Legally it is not mandatory, but it is highly recommended. When you finish paying the mortgage, the bank gives you the certificate of zero debt, but the mortgage remains registered in the Property Registry with all its legal effects until it is formally canceled.

Consequences of not canceling it:

• When selling the property, the buyer will see the mortgage in the Registry and will demand its prior cancellation (or retention of the price to cancel it)
• It is impossible to apply for a new mortgage on that property without canceling the previous one
• In general, any operation on the property becomes complicated

When does the mortgage prescribe? Mortgages prescribe after 20 years from the due date of the last amortization installment, if the enforcement action has not been exercised. But this period is very long to wait.

Yes, it is perfectly possible. Thanks to the Law 11/2023 on notarial digitalization and the possibility of granting powers via video call, you can manage the entire Spanish inheritance without needing to travel to Spain.

The options are:

• Notarial power via video call: in 24-48 hours you can grant a power before a Spanish notary via videoconference, authorizing a trusted person or our office to act on your behalf in Spain. It is the fastest and most economical option.
• Telematic appearance: when the time comes for signing the deed of adjudication, you can appear yourself via videoconference.
• Power before consulate: if you prefer not to make video calls, you can grant the power at the Spanish consulate in your country.

We have managed inheritances for Spaniards in Mexico, Argentina, United Kingdom, Germany, U.S., Australia, and more than 30 countries. The process is identical to that of a regular inheritance, and the timelines are similar: between 2 and 4 months.

Not necessarily. Since the ruling of the Court of Justice of the EU in 2014 and subsequent legal reforms, non-resident heirs have the right to apply the regulations of the autonomous community where the inherited assets are located, just like residents.

This is particularly advantageous in communities such as:

• Madrid: 99% deduction for spouse, descendants, and ascendants
• Canaries: 99.9% deduction for direct family members
• Andalusia: 99% deduction for direct family members since 2019

However, if the assets are in communities with a higher tax burden (Catalonia, Valencian Community, Aragon), the bill may be higher. Our team analyzes your case and calculates the exact taxation before initiating the procedure.

The complete online inheritance process usually takes between 2 and 4 months. The timelines depend on several factors:

• The existence or not of a will (without a will, the process is somewhat longer as it requires a declaration of heirs)
• The number of heirs and their availability to sign
• The complexity of the estate (properties in different registers, accounts in various banks, investments, etc.)
• The efficiency of administrative bodies (Civil Registry, notaries in other municipalities, etc.)

In simple cases with a will and a single property, the process can be completed in 6-8 weeks.

The necessary documents to process an inheritance in Spain are:

• Death certificate of the deceased (Civil Registry)
• Certificate of Last Wills from the Ministry of Justice (confirms if there is a will and before which notary)
• Will (authorized copy if it exists)
• DNI/NIE of the deceased and of all heirs
• Family Book to prove kinship
• Deeds of real estate properties owned by the deceased
• Bank certificates with balance as of the date of death
• Documentation of vehicles, investment funds, or other assets

Our team will precisely inform you of the documents required in each case and assist you in obtaining them.

Yes. The Inheritance and Gift Tax (ISD) must be settled within the 6 months following the death. There is the possibility to request an extension of another 6 months if requested before the original deadline expires.

Consequences of not paying on time:

• 5% surcharge if paid within the 3 months following the expiration of the deadline
• 10% surcharge between 3 and 6 months of delay
• 15% surcharge between 6 and 12 months of delay
• 20% surcharge if it exceeds 12 months, plus late payment interest

The deadline for the Municipal Capital Gains Tax is also 6 months from the death.

The declaration of intestate heirs is the notarial procedure to determine who are the legal heirs of a person who has died without a will.

It is necessary when:

• The deceased did not grant a will
• The will has been declared null
• The persons named in the will have died or renounced the inheritance

The legal order of heirs without a will in Spain is:

1. Children and descendants
2. Parents and ascendants
3. Surviving spouse
4. Siblings and nephews
5. Other collateral relatives up to the fourth degree
6. The State (in the absence of the previous ones)

The procedure is carried out before a notary and takes approximately between 2 and 4 weeks.

The cost of an inheritance has several components:

• Inheritance and Gift Tax: varies greatly by autonomous community and the value of the inheritance. There are autonomous communities with a 99% discount (Madrid, Canary Islands) and others without any discount.
• Municipal Capital Gain (IIVTNU): is calculated on the increase in value of urban land, only if there are properties.
• Notarial fees: fees regulated by the State, proportional to the value of the assets.
• Property Registry: to register the properties in the name of the heirs.
• Management fees: those of Notaría Online for coordinating the entire process.

Request a personalized quote without obligation on our website or by calling +34 611 422 933.

Yes. In Spain, it is possible to accept, accept with benefit of inventory, or renounce an inheritance.

Pure and simple renunciation: the heir does not acquire the assets or the debts of the deceased. The renunciation must be made before a notary and is irrevocable.

When is it advisable to renounce? When the debts of the deceased exceed the value of the assets, or when it is more advantageous from a tax perspective for the children to inherit directly (translative renunciation).

Acceptance with benefit of inventory: allows accepting the inheritance by limiting the liability to the value of the inherited assets, without responding with personal assets. It is the most prudent option when there is uncertainty about the debts.

The deadline to accept or renounce is indefinite, but the Tax Authority may claim if the tax is not settled within 6 months.

• The location of the will in case the deceased had granted such document. If in fact a will had been granted, we would have to obtain the authorized copy of it by providing the certificate of last wills and the death certificate.
• On the contrary, if no will had been granted, we will have to grant the deed of declaration of heirs, requiring also the death certificate and the one of last wills, in addition to all personal data of the heirs.
• We must investigate to know what all the assets of the deceased person were, gathering the necessary information from banks, property registries, vehicles, as well as any other type of inheritable assets.
• Once we have all the documentation, we must present to the liquidating office of the autonomous community where the deceased passed away, a list of assets providing all the information, in addition to presenting form 650 and forms 660.
• Likewise, regarding the properties that the deceased had, a document must be presented in the town councils where those estates are located for the settlement of the municipal tax on the increase in value of urban land, commonly known as capital gains tax.
• With this, we would have complied with what the law requires, leaving pending the granting of the corresponding deed of inheritance adjudication to award those assets to the heirs in accordance with the will or in accordance with the declaration of heirs.