Inheritance law can be confusing and stressful in any language or country, especially if you are preoccupied with grieving the loss of a loved one. However, if you don’t speak Spanish and someone has passed away in Spain, you may be left wondering what is going to happen to their Spanish estate, and what this means for you.
With language barriers, legal costs, and tax liabilities to worry about, the last thing you want to do is muddle through things alone if you have inherited property in Spain. It is important to have professional guidance when managing Spanish assets, which is why it will be helpful to contact an international law firm in Spain.
Here at Manzanares Lawyers, our multilingual team can advise you on inheritance law in Spain. In this blog, we explain the details you need to know about inheriting a house in Spain.
Who inherits property under Spanish inheritance law?
In most cases, when the owner of a Spanish property dies, their estate will be passed on to their heirs according to their Will. If there is no valid Will, then Spanish intestacy rules apply, and the property will be inherited by their closest relatives.
For example, the property would usually be inherited by the spouse of the deceased person. If they did not have a spouse, it will be inherited by their children, and if they did not have children, it will be inherited by their parents.
If there is no surviving parent, the property will pass to the siblings of the deceased owner. However, in cases where there is no close family to inherit the property, it can be passed to other relatives.
In some cases, if the deceased was habitually resident in another country at the time of their death and did not leave a valid Will, then their Spanish estate would be subject to inheritance law in that country instead.
This is why it is imperative to seek professional legal advice to understand who is going to inherit the property.
What should I do if I have inherited a house in Spain?
If you are the beneficiary of a house in Spain, you must follow Spanish law to prove you have the right to inherit this property. This means showing that you are the named beneficiary in the deceased owner’s Will, or if they did not leave a Will, that you are their closest surviving relative with the right to inherit.
If the Will is from another jurisdiction, such as the UK or USA, then you must obtain a Grant of Probate to prove who is the executor of the Will and who has the right to inherit the property.
Before you accept the inheritance, you should check that the house is a legally registered property in Spain. A lawyer can investigate whether there are any problems with registration or planning permissions before you proceed.
It is also crucial to consider all the costs involved before agreeing to inherit a house in Spain. Aside from the Grant of Probate and notary and registry fees, the property will also come with maintenance and tax costs.
If you have decided to accept the property, lawyers like the team at Manzanares Abogados can assist you with completing the necessary paperwork in Spanish and registering the property in your name as the new owner.
Should you decide to sell the property, our Spanish real estate lawyers can also help you to navigate property law in Spain.
Do I have to pay inheritance tax on property in Spain?
If you have inherited a house in Spain under Spanish law, it is likely that you will have to pay inheritance tax in Spain. However, this depends on various factors such as your relationship to the deceased, the value of the estate, and where it is located – as Spanish tax rates and reliefs can vary from one autonomous community to another.
For example, in Andalucia – where we are based, with offices in Marbella and Alhaurín – the spouses, children, grandchildren, and parents of the deceased will only have to pay Spanish inheritance tax if the estate is worth more than €1,000,000.
This means that most cases of immediate relatives inheriting Spanish estates worth less than a million euros will not be liable for inheritance tax in Andalucia – but this does depend on the factors mentioned above.
Therefore, it is essential to consult Spanish inheritance tax lawyers who can help you with managing your tax liabilities.
If you need help understanding the options available to you before inheriting a house in Spain, contact our team by calling +34 952 82 41 12 or emailing clientservices@manzanareslawyers.com and we will be happy to advise you.
