Can I inherit property in Spain if I’m not a resident?

If you’ve lost a family member or loved one who owned property or assets in Spain, you may be unsure what your rights are as a non-resident. Can you legally inherit? What taxes apply, and how complicated is the process when you’re not living in Spain?

It’s completely normal to feel overwhelmed by all the legal steps, especially when you’re already dealing with the emotional and practical side of a bereavement. However, the good news is that, yes, non-residents can inherit property and assets in Spain. However, there are a few important conditions and deadlines to be aware of, particularly when it comes to inheritance tax.

At Gascon Bernabeu, our English-speaking solicitors in Spain regularly work with UK-based clients who are navigating the Spanish inheritance process from abroad. Whether you’ve inherited a holiday home, a bank account, or a share in a larger estate, we’re here to help you move things forward. Here’s what you need to know if you’re inheriting as a non-resident.

Do non-residents have the same inheritance rights as residents?

In short, yes. Spanish inheritance law allows both residents and non-residents to inherit property and assets. Since a legal change in 2015, non-residents are treated the same as residents in terms of inheritance tax rates and allowances. Before that, non-residents typically faced significantly higher costs, but that’s no longer the case.

That said, there are still some restrictions in place. You won’t be able to access the estate, register the property in your name, or sell anything until all the relevant taxes are paid. This applies even if the property was left to you in a valid will.

What tax will you need to pay?

Inheritance tax (known in Spain as Impuesto sobre Sucesiones y Donaciones) must be paid before you can take ownership of any inherited assets. This includes real estate, bank accounts, or vehicles. Non-residents, like yourself, will only pay tax on the assets located in Spain. So, for example, if you inherit a Spanish villa and a UK bank account, only the villa would be subject to Spanish inheritance tax.

You’ll usually have six months from the date of death to pay. If needed, you can request:

• An extension of up to 183 days (this must be requested within the first 5 months from the death)
• A payment plan that allows you to pay in instalments

It’s imperative that you do not miss the deadline. Interest starts accruing after six months, and late payments can result in fines ranging from 50% to 150% of the original tax due, making things even more stressful.

How much tax will you have to pay?

Spain’s inheritance tax rates are set at a national level but modified by each autonomous region, so the actual amount depends heavily on where the property you’re inheriting is located. Some regions, like Madrid or Andalusia, offer up to 99% tax relief for close relatives, including spouses and children. Others have more modest allowances.

The introductory national rate ranges from 7.65% to 34%, based on the value of the inheritance, but thanks to regional allowances and reductions, the final tax bill could be significantly lower. Here’s a quick breakdown of standard allowances for close family members (not including any regional increases):

• Children under 21: up to €47,859 tax-free
• Spouses and children over 21: €15,957 tax-free

If you’re inheriting as a friend, unmarried partner, or distant relative, the tax can be considerably higher. These individuals are classified as Group IV heirs and typically don’t receive any tax-free allowance at all.

What about capital gains tax?

Alongside inheritance tax, there’s another local tax you may need to factor in if you’re inheriting a property, and that’s municipal capital gains tax, more commonly known in Spain as the “plusvalía” tax. This tax is calculated based on how much the land value has increased since the property last changed hands, which could be many years ago. It’s paid directly to the local town hall and is entirely separate from any inheritance tax owed to the state.

The amount due can vary quite a lot depending on the location and how long the property has been in the family. If you’re not sure whether it applies to your situation, one of our English-speaking solicitors in Spain can check this for you and confirm how much, if anything, you’ll need to pay. It’s one of those smaller details that can easily be missed, so getting the right advice early on can save you from unexpected costs later down the line.

When can you access the property or sell it?

One of the biggest surprises for many non-resident heirs is just how long it can take before you’re legally allowed to access or deal with the property. In Spain, you can’t register the property in your name, sell it, or access related assets like bank accounts until all the relevant inheritance taxes have been paid and the full legal process is complete.

This can understandably cause delays, especially if there are bills to pay, repairs needed, or plans to sell the home. That’s why it’s so important to begin the inheritance process as soon as you can. With the help of an English-speaking solicitor in Spain, you’ll be able to get clear guidance on what steps to take and how to move things along efficiently.

How we can help with your inheritance

Inheriting property or assets in another country can feel like a lot to deal with, especially when you’re not sure how the local laws or tax rules work, or what paperwork needs to be done. That’s where we come in.

At Gascon Bernabeu, we’ve helped many families in the UK manage the Spanish inheritance process, even in more complicated situations involving non-resident heirs. As your English-speaking solicitor in Spain, our job is to make things simpler and less stressful for you. We’ll explain what your rights are, deal with the Spanish tax and legal authorities on your behalf, make sure everything is done properly and on time, and handle the full transfer of the property into your name.

Whether you just need a bit of guidance or want us to take care of everything for you, we’re here to help. You can give us a call on +44 (0)20 3137 1320, email us at info@gbabogados.co.uk, or use the contact form on our website to book a free, no-obligation consultation.