The first documents to locate
- The death certificate and identification details of the deceased and potential heirs.
- The Spanish certificate of last wills, followed by the relevant authorised will copy; where there is no will, the appropriate intestacy procedure must be assessed.
- Any foreign will, succession document or marriage agreement relevant to the estate.
- Property deeds, current registry information, mortgage details, bank information and available tax and community receipts.
The Spanish certificate of last wills identifies recorded testamentary information; it is not itself the will or an award of ownership. Its application cannot be made until 15 working days after death. Foreign documents may need translation, legalisation or an apostille, depending on the document and applicable rules: not every document follows the same route.
Do not confuse the tax deadline with completing the inheritance
The general Spanish inheritance tax filing period is six months from death. Where the Andalusian tax administration is competent, an extension must be requested within the first five months and can involve interest. Do not wait for a family agreement or a buyer before checking the filing position.
The competent administration and available relief depend on the circumstances, including residence and the estate. A home in Mijas does not, by itself, resolve every cross-border tax question. Municipal obligations, where applicable, have their own rules and should be checked separately.
Can the inheritance be handled without repeated visits?
Some steps can be carried out through a suitably drafted power of attorney. Its powers should match the intended actions: obtaining records, accepting or partitioning the estate, dealing with banks or later selling a property are not automatically equivalent permissions.
Arrange the wording before signing abroad. The receiving Spanish professional should confirm the required formalities and identification. A remote heir should not sign an unfamiliar general authority simply to make the paperwork move faster.
Check debts and the property before accepting
Review mortgage balances, other liabilities, ownership shares and any rights held by a surviving spouse or another person. Under the Spanish Civil Code, simple acceptance and acceptance with benefit of inventory have different consequences for liability. The applicable law, deadlines and formal requirements need individual assessment before acts that could amount to acceptance.
For a home in La Cala, arrange lawful access, insurance and essential upkeep while the estate is examined. Record payments made by different relatives. Agreeing who will check the property is useful, but does not decide the eventual division or entitlement to occupation.
Frequently asked questions
Can we sell immediately if all the children agree?
Agreement helps, but the heirs, ownership, succession documents and authority to sell must first be established. An inheritance and sale may sometimes be coordinated; do not promise a completion date before checking the file.
Do we avoid filing if relief leaves no tax payable?
Do not assume that. A relief or a nil result does not automatically eliminate filing and documentary obligations.