A €60 document at a Spanish notary is the difference between your family dealing with a two-week formality and a fourteen-month court process in a language they do not speak.
That is not a sales line. It is the practical gap between dying with a Spanish will and dying without one, and it is the single most common — and most avoidable — problem we see among British, Irish, Dutch and Scandinavian owners on the Costa Blanca.
What happens if you die in Spain without a will?
Your estate passes under intestacy rules, and your heirs must first obtain a formal declaración de herederos — a notarial or judicial declaration of who inherits. It adds months and cost to the process, and the property cannot be sold or transferred until it is completed.
The three rules that catch foreign owners out
Spanish inheritance tax is paid by each heir, not by the estate. In the UK and Ireland, inheritance tax is settled by the estate before distribution. In Spain, each beneficiary is assessed individually on their own share, and their existing wealth affects the multiplier applied to them.
The deadline is six months from the date of death. Not from probate. Not from when the family finds the paperwork. A six-month extension can be requested, but only within the first five months.
Bank accounts freeze immediately. Until the tax is filed and paid, Spanish banks will not release funds and the Land Registry will not record the transfer. Families frequently discover this while still trying to pay for a funeral.
The good news nobody tells expats
For a spouse, child or parent inheriting in the Valencia region — which includes the whole of Alicante province — inheritance tax has largely stopped being a problem.
Ley 6/2023 of 22 November introduced a 99% reduction on the tax due for Groups I and II. Combined with a €100,000 relationship allowance, the result is that inheriting €200,000 from a parent now produces a bill of roughly €124.
| Item | Amount |
|---|---|
| Value inherited by the child | €200,000.00 |
| − Relationship allowance | −€100,000.00 |
| Gross tax on the balance (state scale) | €12,415.36 |
| − Valencia 99% relief | −€12,291.20 |
| Tax payable | €124.15 |
You can run your own figures in our Spanish inheritance tax calculator for the Valencia region.
The relief does not extend to siblings, nieces, nephews or unmarried partners. If those are your intended beneficiaries, the picture changes completely and planning matters far more.
An unmarried partner is treated as an unrelated stranger under Spanish inheritance tax, no matter how long you have lived together. On the Costa Blanca, where a large share of couples never formally married or married abroad without registering here, this catches families out constantly.
Which country’s law decides who inherits?
This is separate from the tax question, and people routinely confuse the two.
Under EU Regulation 650/2012, you can elect in your will for the law of your nationality to govern your succession. A British national who makes that election keeps testamentary freedom — they can leave their Spanish property to whomever they choose.
Without that election, the default is generally the law of your habitual residence. For someone living in Jávea or Torrevieja, that means Spanish forced heirship applies: two-thirds of the estate is reserved for children, and you cannot freely dispose of it.
Making the election explicitly, in a Spanish will, is the main reason the document is worth far more than the €60 it costs.
What to do when someone dies in Spain and owns property
- Obtain the death certificate from the Civil Registry where the death occurred.
- Request the certificado de últimas voluntades. This central register confirms whether the deceased made a Spanish will and before which notary. It can be applied for from fifteen working days after death.
- Obtain the will, or start the declaration of heirs if there is none.
- Inventory the Spanish assets. Property, vehicles, bank accounts, life insurance.
- Sign the deed of acceptance and division before a Spanish notary. Heirs abroad can grant a power of attorney rather than travel.
- File and pay inheritance tax and plusvalía municipal within six months.
- Register the property in the heirs’ names at the Land Registry.
Steps 2 and 3 are where estates without a Spanish will lose months.
Why work with us
Santamaría Baeza Abogados is an Alicante firm covering the whole province, with a dedicated practice in inheritance and property. The team’s managing partner, Vicente José Santamaría Baeza (Alicante Bar no. 8,150), specialises in civil, commercial and real estate work, including complex property transactions and mortgage enforcement.
We handle Spanish succession for non-resident families: the will, the tax filing, the notarial deed and the Land Registry entry — with heirs acting by power of attorney from abroad where needed.
Frequently asked questions
How much does a Spanish will cost?
The notary fee for a straightforward Spanish will is around €60, plus the lawyer’s fee for drafting it and advising on the choice-of-law election. It is one of the cheapest and highest-value pieces of planning available to a foreign owner in Spain.
Do I need a Spanish will if I already have one in my home country?
It is not legally required, but it is strongly advisable. A foreign will can govern Spanish assets, but it must be translated, apostilled and often accompanied by evidence of foreign law — which is slow and costly at the worst possible moment. A short Spanish will covering only your Spanish assets sits alongside your home-country will without revoking it.
Does the 99% Valencia relief apply to non-residents?
The relief follows the regional rules that apply based on the deceased’s habitual residence, and non-resident heirs are entitled to the same regional treatment as residents. Your specific position should be confirmed before you rely on it, particularly if the deceased lived outside Spain.
Can my heirs deal with everything from abroad?
Yes, in almost all cases. Heirs can grant a power of attorney to a Spanish lawyer, executed before a notary in their own country and apostilled, or at a Spanish consulate. They do not need to travel to Spain to accept an inheritance.
What is plusvalía municipal and who pays it?
It is a municipal tax on the increase in urban land value, paid by the heir to the town hall where the property is located. Rates differ between Alicante, Torrevieja, Jávea and Orihuela. Where there has been no real increase in value since purchase, there is a basis for not paying it, but it must be evidenced with the deeds.
Is there a deadline I can miss?
Yes — six months from the date of death for the inheritance tax return. Late filing triggers surcharges and interest, and in some cases the loss of reliefs. An extension of a further six months can be requested, but only during the first five.
A sensible next step
If you own property in Alicante province and have no Spanish will, that is the gap worth closing first. It is inexpensive, it takes one appointment, and it removes the part of the process that costs families the most time.
Tell us what you own in Spain and who you want it to go to, and we will set out in writing what your family would face today and what a Spanish will would change. Call 654 581 493 or use our contact page. We also work with owners in Torrevieja, Orihuela Costa and Jávea.