Non-resident heirs in Spain must take certain steps with Spanish bodies to regularize ownership of the inherited property with the property registry. Numerous documents must be presented to the Spanish notary. N1 Immo invites you to discover all the steps to be taken when inheriting a property in Spain.
Declaration of the estate to the Spanish notary: essential documents
The procedures involved in inheriting a property in Spain can be cumbersome and time-consuming. You need to obtain certain documents that are very important to the Spanish notary:
- the apostilled French deed of notoriety and its sworn translation into Spanish,
- international death certificate
- title deeds to the property(ies),
- bank certificate showing the balance of the account at the date of death.
You must also provide the Spanish certificate of the deceased's last will and testament. These various documents can complicate the process and extend the time required to complete the formalities.
Declaring the estate to the Spanish notary also requires a tax identification number for foreigners in Spain. This is essential for all non-resident heirs.
Taxes related to the declaration of the estate
Tax treaties exist between certain countries to avoid double taxation. Mortis causa" transfers of real estate to individuals resident in France are only taxable in the country where the property is located. This convention exists between France and Spain. In this case, the real estate inherited is taxed according to Spanish tax law.
The "mortis causa" transmission of real estate is also subject to the tax on the increase in value of urban plots. This municipal tax is determined on the basis of the value of the land according to the Spanish land registry and the period of ownership of the deceased.
These formalities can seem very complex for an individual who is not familiar with Spanish administration. You can enlist the help of a professional to simplify these administrative formalities for you. Our experts can also handle interaction with the authorities and various organizations.
Deadlines, steps to be taken by the Spanish notary and inheritance costs
The Spanish tax authorities allow 6 months from the date of death to settle and declare inheritance tax in Spain. By law, interest and late payment surcharges apply after this deadline.
Based on the various documents presented, the Spanish notary validates them and the professional in charge of the case settles the estate's liabilities. If there is more than one heir, the final stage of the succession is the division of assets. The latter are not bound to indivision. They can request amicable division, or go before a judge in the event of disagreement.
Many factors can influence the cost of formalizing an estate. The notary first assesses the amount of the deceased's assets and liabilities. These include taxes due to the State. These include stamp duty and value-added tax. To these can be added disbursements, which include the cost of compulsory documents and the property security contribution. And don't forget the notary's fee.