Key takeaways
- Keep a Spanish will for your Spanish assets. One will written at home rarely saves time or tax after you die.
- You can normally choose the law of your nationality (EU Succession Regulation), but the choice needs to be explicit in a will — get help doing it properly.
- Inheritance tax rules and rates are set by autonomous communities — the bill your heirs face can vary hugely by region.
- Do the simple paperwork yourself. Pay a Spanish lawyer for cross-border planning, and a notary to register any Spanish will.
The mistake people make (and the short fix)
Here’s the mistake I see again and again: somebody moves to Spain, signs a will at home five years ago, never makes a Spanish will, and assumes everything will pass the way it would in their home country. That sounds tidy, but it’s where trouble starts.
Why it causes grief: wills written under your home law can be valid in Spain — yes — but they often don’t mention or follow Spanish formalities (notarial deeds, translations, apostilles), they rarely deal with Spanish property law (community property, usufruct rules) and they ignore the fact that inheritance tax is paid in Spain and charged under local rules.
The short fix: make a simple Spanish will that covers only the assets located in Spain (property, Spanish bank accounts, Spanish investments). Keep your home-country will for assets at home. Make sure both documents are consistent and that each one references the other. That costs little at a Spanish notary and avoids headaches for your heirs.
Which law applies to your estate — Spain or your home country?
The big, slightly awkward headline is this: you can often choose which law governs your succession, but the way you choose matters.
The EU Succession Regulation (branded Brussels IV in conversation) lets people with nationality of an EU state say they want their personal law — usually their nationality — to decide who inherits. Practically, that means a French or Italian national living in Spain can elect to have French or Italian inheritance rules apply instead of Spanish ones.
How to use that choice sensibly:
- Make an explicit clause. A sentence in your will saying “I elect the law of my nationality (British/American/Canadian/Australian) to govern my succession” is what courts expect. Vague phrases like “I want my home law to apply” trigger fights.
- Know what you’re choosing. If your nationality’s law allows you to disinherit children but Spanish forced-heirship rules do not, choosing your nationality law can be decisive. Conversely, choosing your nationality law can create tax or administration problems for heirs in Spain.
- Non‑EU nationals. If you’re from outside the EU (US, Canada, Australia), the EU Regulation doesn’t give you an automatic choice. You still can have a Spanish will and plan, but the interplay between Spanish law and your home laws is more complex.
Takeaway: choosing the law is powerful. Don’t try it as a DIY clause unless you and a Spanish specialist have discussed the consequences.
Making a will in Spain — practical steps, documents and costs
Right, you want the practical route. Here’s how a typical process goes if you live in Spain and own a flat or bank account there.
Step-by-step:
- Decide the scope. Most people do a brief Spanish will covering Spanish-located assets only.
- Gather documents: passport, NIE (or at minimum passport and address), marriage certificate (long-form), birth certificates for heirs, escritura pública (title deed) for any property, bank statements, life insurance contracts and copies of any existing wills.
- Book a notary appointment. A Spanish notary prepares and witnesses the will. You’ll sign a public deed of testament (testamento público) if you want the cleanest option.
- Register the will in the Central Wills Register (Registro de Actos de Última Voluntad) — the notary usually does this for you.
Documents you should bring to your notary appointment:
- Passport (original and copy) and NIE (if you have one).
- Empadronamiento (proof of address) — useful though not always compulsory.
- Marriage certificate and birth certificate(s) — original long-form versions, translated into Spanish and apostilled if they’re foreign documents.
- Property deeds (escritura), mortgage documents and recent “nota simple” from the land registry if you have property.
- Bank account details and insurance policy numbers.
- Copy of any existing wills you want the Spanish will to refer to.
Costs and time (as of 2026):
- Notary fee for a simple public will: expect roughly €50–€200 depending on the notary and region. If you need translations, apostilles or certificates from abroad add the translator and consular costs.
- Lawyer fees for cross‑border review: a sensible price is €500–€2,000 for a check and a short letter. Full estate planning is more.
- Registration is usually handled by the notary and included in their fee; the Central Wills Register lookup after death costs heirs more (paid at that time).
| Type | What it is | Pros | Cons |
|---|---|---|---|
| Public notarial will (testamento público) | Made before a Spanish notary and registered | Strong legal standing, easy for heirs to find, easy to probate | Small notary cost; needs appointments and documents |
| Holographic will (testamento ológrafo) | Handwritten, dated and signed by the testator | No notary needed | Must be proven after death; vulnerable to dispute |
| Consular will | Prepared or witnessed by your consulate | Comforting if you’re abroad and don’t speak Spanish | Not all consulates offer it; may still need translation/registration in Spain |
What happens after death — documents, deadlines and tax
When someone with Spanish assets dies, heirs and executors face a short checklist and hard deadlines. Do these things early; some are quick, others take months.
The operational checklist for heirs:
- Obtain the death certificate (long-form) issued by the civil registry where the death occurred.
- Get the certificado de últimas voluntades (certificate of last wills) — this tells you whether a will exists and where it was made. In practice a notary or lawyer requests this from the central registry.
- Ask the notary who keeps wills to produce a copy of the will (notarios hold public wills).
- Identify and value the estate’s assets: property valuation, bank balances, investments, life insurance payout details.
- File the inheritance tax return with the relevant autonomous community tax office. The general deadline is within six months of the date of death — but check the local treasury for exact rules and possible automatic or requested extensions.
- Pay any inheritance tax due, register property transfers at the Land Registry, and finalise bank account closures.
How long does probate take? For a simple estate where the will is public and assets are straightforward expect six to twelve months from death to titles changing hands. Complex estates, missing documents, disputes or cross‑border assets can make that two years or more.
Tax and regional differences: this matters more than people expect. Spain’s inheritance tax is levied by the autonomous communities and the effective amount can differ dramatically depending on where the deceased last lived (or where the property sits). In plain terms, heirs in one region may pay little or nothing for the same inheritance that would attract a substantially higher bill elsewhere.
What to do about the tax uncertainty:
- If you own property in Spain, check the inheritance-treatment in that autonomous community. If you’re moving around retirement, factor this into where you decide to live.
- Ask for a provisional calculation from a Spanish tax advisor early — figuring the tax before you accept an inheritance can change whether heirs keep or renounce a bequest.
- Remember that tax filing and payment deadlines are strict: missing them triggers interest and penalties.
For an authoritative starting point on filing and deadlines see the Agencia Tributaria guidance for non-residents and inheritance obligations: agenciatributaria.es.