Inheritance and succession
Inheritance in Spain: a step by step guide
Probate in Spain involves five clear steps, from the death certificate to registering the new ownership. Here is what every heir needs to know.
May 15, 2026 · Riondato & Partners
Inheritance step by step
Losing a loved one is hard for every member of the family. It can become harder still without proper guidance from a lawyer who knows how a Spanish probate works.
That is why our firm of international lawyers put together this short guide.
Step 1: get the certificates and the will
- First, request the death certificate (certificado de defunción).
- Then request the certificate of last wishes (certificado de últimas voluntades), which states whether the deceased had drawn up a will, when, and before which notary.
Step 2: take inventory of the estate
Draw up an inventory of both the assets and the debts.
Keep one thing in mind: by accepting the inheritance you accept the debts as well.
This is the moment to decide whether to renounce the inheritance, accept it outright, or accept it under benefit of inventory. Here it is essential to rely on a lawyer specialised in succession matters before making the call.
Step 3: divide the estate
The lawyer's role becomes even more important at this stage. When dividing the estate you have to weigh the value of the assets and debts, follow what the deceased wrote in the will (if any), and respect the share that belongs to each heir under Spanish forced heirship rules.
If the heirs cannot agree on how to divide the estate, the matter ends up in court.
Step 4: pay the tax
Once the assets are assigned, it is time to pay the inheritance tax. The tax is paid to the Autonomous Community where the deceased was last resident, and rates vary widely from one region to another.
Step 5: register the new ownership
The last step is to register the assets in the public registries (Land Registry, Companies Register, vehicle registry) under the new owners' names.
If you have any doubts, Riondato & Partners is here to help
With over 45 years of experience across the various areas of law, the firm offers clients the chance to rely on a team of seasoned, dedicated professionals. Get in touch, we are at your disposal.