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Mercader Legal · Madrid & online across Spain

Inheritance and wills in Spain

Inheriting assets in Spain from abroad means deadlines, notaries and documents in a system you do not know. We map the estate, organise the process with the notary and your tax adviser, and keep every step documented in English.

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Common situations

Inheritance situations we handle

For international heirs and for owners planning ahead.

  • You inherited assets in Spain and live abroad

    The full process organised remotely: documentation, deadlines, notary and distribution, explained step by step in English.

  • Several heirs, several countries

    Heirs in different jurisdictions with different expectations. We structure the communication and document every agreement.

  • Disagreement over valuations or the distribution

    When heirs value assets differently, we propose defensible valuations and negotiate a documented partition.

  • There is no will — or the will is foreign

    Intestate succession or a foreign will that must be interpreted and legalised for use before a Spanish notary.

  • You own assets in Spain and want to plan

    A Spanish will for your Spanish assets, coordinated with your existing estate planning back home.

  • The estate includes property to sell or keep

    Decisions about selling, keeping or transferring inherited property, with the registry and notarial side handled.

How we work

How we work, step by step

  1. Map the estate

    Death certificate, will, assets and debts in Spain, heirs and their situations. We build the picture and the calendar of deadlines.

  2. Plan in writing

    The steps, the documents, the notarial acts and the costs — in English, in writing, before anything is signed.

  3. Negotiate and document

    If there are several heirs, we negotiate the distribution and document it so it can be executed and defended.

  4. Notary and registry

    We coordinate the notarial acts and registrations, in person or through a power of attorney, and close with a full report.

What we need from you

  • Death certificate of the deceased
  • Certificate of last wills and the will itself, if there is one
  • List of known assets and debts in Spain: properties, accounts, vehicles
  • Identification and contact details of all heirs
  • Deeds or registry information for any Spanish property

Missing certificates can usually be obtained in Spain; we will tell you which ones and how.

Fees

Known in advance, confirmed in writing

Inheritance work has a published starting price for the legal process; notary, registry, taxes and translations are external costs, always itemised in the quote. If heirs disagree and the matter turns judicial, that is quoted separately, phase by phase, and only with your written acceptance.

A 30-minute consultation costs €90 and a 60-minute consultation costs €175, VAT included — often the most efficient way to scope a matter before any engagement.

Fees are always confirmed in writing before any engagement begins.

See our fees page (in Spanish)

Illustrative scenario

What a matter like this can look like

Illustrative scenario, not a real case nor a promise of results.

Three heirs abroad, one flat in Madrid and a tax deadline running

Situation

Three siblings living in different countries inherit a flat in Madrid and a bank account. There is a Spanish will, but they disagree on whether to sell the flat or keep it, and the inheritance tax deadline is approaching.

The risk of doing nothing

Missing the tax deadline means surcharges; leaving the disagreement unresolved blocks any decision about the flat — nobody can sell, rent or even maintain it properly while the estate stays undivided.

What we would need

  • Death certificate, certificate of last wills and the Spanish will
  • Deed and registry extract of the flat; bank account information
  • Each heir’s position: sell, keep or be bought out

What the firm would do

  • Fix the tax calendar and coordinate the filings with the heirs’ tax adviser
  • Propose a partition with defensible valuations and negotiate it between the heirs
  • Coordinate the notarial acceptance and adjudication of the inheritance

Quoted separately

  • Inheritance tax, notary and registry fees
  • Judicial partition if no agreement is possible

Frequently asked questions

Questions international clients usually ask

I live abroad and inherited assets in Spain. Where do I start?

With the documents: death certificate, will (if there is one) and a list of known assets and debts in Spain. From there we map the estate, the heirs, the deadlines — inheritance tax in Spain has strict time limits — and the notarial steps. You receive the plan in English before anything is signed.

Do I need a Spanish will if I already have one in my home country?

Not always, but a Spanish will covering your Spanish assets usually makes the process faster and cheaper for your heirs: it avoids translating, legalising and interpreting a foreign will before a Spanish notary. We explain the options for your specific situation before you decide.

Can the whole inheritance process be handled without travelling to Spain?

In most cases, yes. We work through a power of attorney granted in your country or before a Spanish consulate, coordinate with the notary and handle the filings with your tax adviser. You follow every step through the client portal.

What happens if the heirs disagree?

Disagreements over valuations or distributions are common. We first try to reach a documented agreement between the heirs; if that fails, we explain the judicial route honestly — costs, timing and realistic scenarios — before anyone commits to it.

Do you handle inheritance tax?

We organise the legal and notarial process and coordinate the tax side with your tax adviser, including the deadlines that matter. Tax planning and filings themselves sit with your tax adviser; we make sure the legal calendar and theirs stay aligned.

Start now

Tell us about the estate and who the heirs are

The initial assessment is free: we map the situation, the deadlines and the next step, in English.

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Free initial assessment · We reply with fit and next step · No obligation