First of all, you should seek the assistance of a Spanish Lawyer, he must be experienced with foreigners about these matters, the legal procedure can be simplified depending on the professional advice that you get. This procedure will be normally easier when there is a Spanish will, disposing of the deceased’s Spanish assets.
Be aware that there exist different inheritance rules for some Spanish regions such as Balearic islands, Catalonia, Vasque country, Aragon or Navarra, where the Spanish regional law is applicable.
Your lawyer should check at the Central Registry of Spanish wills whether the deceased had granted a Spanish will or not. Once this information is obtained, your lawyer will either request a copy of the Spanish will or will proceed to identify the legal heirs in order to distribute the estate.
Concerning the estate partition, it must be determined which law is applicable, whether regional or national. Each case needs individual study. Further, how to legally proceed depends on the existence or inexistence of a Spanish or a foreign will.
Some of the documents you will need to inherit property located in Spain are as follows:
- The deceased’s death certificate, and proof of your relationship with the deceased. These documents must be translated into Spanish by an official translator.
- The will, if any.
- List of the Spanish assets, this is necessary in order to pay the inheritance tax in Spain.
- Power of attorney, written in Spanish, duly signed by all the heirs before a Notary in your home country, duly legalized, appointing the lawyer who will proceed with the estate partition in Spain on behalf of the heirs.
- Documentation about the Spanish assets.
- Copy of the Spanish will, if any.
- Certificate of the foreign law of succession applicable to the specific case. This document must be translated into Spanish and legalised.
- Copy of your passport.
All foreign documents must be translated into Spanish. The inheritance tax must be paid in Spain.