Checklist: What documents are needed for an estate in Spain?

To create a inheritance in Spain correctly, Spanish law requires a specific file of legalised documents. Basically, you will always need three core documents: a proof of death, a proof of inheritance (will or probate) and a proof of assets (title deeds and banking), all with an NIE number for the heirs.

Gathering the right documentation is the first and most important step in the Spanish inheritance process. Incomplete or incorrectly translated documents lead directly to delays at the notary and possible fines for not filing the inheritance tax on time (within 6 months). Below is the final list of requirements.

Also listen to our podcast episode on the usefulness of a Spanish will.

1. Deed of death (Certificado de Defunción)

You must officially prove that the testator died by means of an original death certificate. For use in Spain, we strongly recommend that you immediately obtain a International Death Certificate request.

If you are using a standard national deed, you are required to have it translated into Spanish by a sworn translator and have a Hague Apostille. An international deed (multilingual model) is immediately accepted by the Spanish authorities, saving you considerable translation and legalisation costs.

• Action: Obtain the international deed from the Civil Registry Department of the municipality where the testator died.

2. Proof of ultimate will: Is there a will?

The procedure differs depending on whether a Spanish or a foreign (Belgian/Dutch) will was made. The aim is to establish conclusively who the rightful heirs are.

Situation A: There is a Belgian or Dutch will

If the testator made a will only in the home country, you need to submit this document to the Spanish notary. This process requires three steps:

1. Sworn translation of the will into Spanish.

2. Legalisation through a Apostille.

3. A proof of registration from the Central Register of Wills (CRT) in Belgium or the Netherlands, showing that this is actually the latest will is. This document also needs to be sworn translated.

Situation B: There is a Spanish will

Having a Spanish will speeds up the settlement of an estate by 4 to 6 weeks on average. You do not need expensive translations or apostilles for the will itself in this case. You should bring the original copy with you. If you do not have this, we will request a copy (the copia autorizada) at the notary who granted it at the time. In addition, an extract from the Spanish Register of Wills (Registro General de Actos de Última Voluntad) required to confirm validity.

Expert tip: "If the deceased was resident in Belgium, the Spanish property is automatically subject to Belgian law.

Read more about a Spanish will for non-residents.

3. No will: The European Certificate of Succession

In the absence of a will, the succession is established through the European Certificate of Succession (ECS - European Certificate of Succession). This is the standard document within the EU (Regulation 650/2012) to prove your capacity as heir in Spain.

Although the Belgian 'deed of succession' is also accepted, in practice this often leads to discussions at Spanish registration offices, which means that an expensive certified translation and apostille are still required. The European Certificate of Succession is recognised directly by the Spanish notary without legalisation, which increases legal certainty. Notaries do require a sworn translation of the European Certificate of Succession.

• Available at: Your notary in Belgium or the Netherlands.

4. Documents relating to Assets and Liabilities

To reduce the taxable base for Spanish inheritance tax (Impuesto sobre Sucesiones) calculation, you need to document all assets and debts in Spanish territory.

Make sure you collect the following pieces:

• The title deed (Escritura de Compraventa): The original proof of purchase of the property.

• Bank certificates: An official balance statement from the Spanish bank account(s) on the date of death.

• IBI assessment (Impuesto sobre Bienes Inmuebles): The assessment notice of annual municipal tax (property tax).

  • Why necessary? The cadastral value (valor catastral) on this note is crucial for calculating the municipal capital gains tax, the Plusvalía Municipal.

• Invoices of expenses: Funeral expenses or outstanding bills can be deducted from the estate.

5. NIE numbers for all heirs

Without an NIE number (Número de Identidad de Extranjero), an heir in Spain cannot obtain property in his name and the estate cannot be notarised.

Every heir, regardless of age, must have their own valid NIE number. This acts as your tax identification number with the Spanish tax authorities (Hacienda).

• Application: Via power of attorney, the Spanish consulate in Brussels/Amsterdam or locally at the Policia Nacional in Spain.

• Note: The lead time for an appointment can be up to several weeks. Please request this in good time.

Learn more about applying for a NIE number here.

Practical settlement and deadlines

When the file is complete, the Escritura de Aceptación de Herencia (deed of acceptance) signed at the Spanish notary. After signing, inheritance tax and Plusvalía Municipal be paid before registration in the Property Register (Registro de la Propiedad) takes place.

Confianz guides this process from A to Z. Typically, we work with a notarial proxy. This avoids the need to travel to Spain in person for the signing and administrative processing.

Frequently asked questions (FAQ)

What are the minimum documents I need to start an inheritance in Spain? The minimum requirements are the international death certificate, proof of inheritance (will or European Certificate of Succession), the property title deed and the NIE numbers of all heirs.

Should I have all documents translated into Spanish? Not everything. An international death certificate is valid without translation. However, national documents (such as a deed of succession) always require a sworn translation and an Apostille of The Hague.

What is the deadline for submitting the inheritance tax in Spain? You have 6 months after the date of death to declare and pay Spanish inheritance tax. If you miss this deadline, the Spanish tax authorities (Hacienda) surcharges and delay interest. Six-month postponement is possible, if requested within the first five months.

Can I settle Spanish inheritance without travelling to Spain? Yes, this is the standard procedure for non-residents. Through a notarised power of attorney (pasted at your notary in Belgium/Netherlands or in Spain), a specialised firm such as Confianz can handle the full settlement, tax payment and registration for you.

About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.

Confianz can assist you with estate settlement in Spain. With a notarial proxy Moreover, we can represent you in Spain and handle the transfer in full.