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Inheritance in Spain: legal assistance for French-speaking heirs

When, upon the opening of an estate, real estate assets or financial assets are located in Spain, the succession may fall wholly or partly under Spanish law.

Succession en Espagne : accompagnement des héritiers francophones

The firm assists French-speaking heirs in Franco-Spanish successions, from the analysis of the applicable law to the notarial and administrative procedures in Spain, in order to ensure both legal and tax security throughout the process.

Who this page is intended for

This page is intended in particular for:

  • heirs residing in France or outside Spain,
  • French families owning real estate in Spain,
  • French families holding financial assets in Spain,
  • successions involving several countries,
  • cases requiring succession-related procedures in Spain.

Key points about French-Spanish inheritances

  • The applicable law depends on the habitual residence of the deceased (except choice of law by will)
  • Procedures must be completed within 6 months
  • Spanish inheritance taxation differs from that applied in France
  • French heirs can be represented in Spain without having to travel
  • Real estate in Spain triggers obligations under Spanish law
  • Acceptance or renunciation of the inheritance has important legal consequences
  • Powers of attorney drafted in French allow action without travel
  • Coordination between French and Spanish notaries is often necessary

In which cases does a succession fall under Spanish law?

A succession may fall under Spanish law in particular when:

  • a property forming part of the estate is located in Spain,
  • the deceased was resident in Spain at the time of death,
  • succession procedures must be carried out before a Spanish notary
  • the heirs reside outside Spain but the succession is opened in Spain.

Which law applies to a Franco-Spanish succession?

General rule

In accordance with the European Regulation on successions, the law applicable is, in principle, the law of the habitual residence of the deceased at the time of death.

Exceptions and choice of law

The deceased may, by will, have chosen the application of the law of his or her nationality.
The existence and content of the will are therefore decisive.

Franco-Spanish successions

Where a succession involves both France and Spain, it is essential to analyse the consistency between the applicable law, the existing deeds and the assets concerned.

To explore in greater depth the issue of the will and its impact on the applicable law, please refer to the page: Wills in Spain.

What are the stages of a succession in Spain?

A succession in Spain generally involves the following stages:

  1. collection of documents relating to last wills and wishes,
  2. determination of the applicable civil law and tax rules,
  3. notarial intervention in Spain,
  4. acceptance or renunciation of the inheritance,
  5. tax and administrative formalities.

Timeframes to be expected

  • Average duration of a straightforward inheritance: 3 to 6 months. Timescales vary according to the complexity of the case.
  • Mandatory deadline for tax formalities: 6 months from the date of death (extension of 6 months possible upon request).
  • Obtaining the certificate of last wills: 15 working days.

Inheritance taxation in Spain follows specific rules that differ from those applicable in France. See Inheritance taxation in Spain.

Documents required for a succession in Spain

The documents required vary depending on the situation, but generally include:

  • the death certificate and the certificate of last wills,
  • the will and/or the deed of notoriety,
  • identity documents of the heirs,
  • title deeds for assets located in Spain,
  • the tax identification number (NIE), where applicable.

The firm's expertise in French-Spanish inheritance matters

Since its establishment in 2001, the firm has specialised in inheritance matters involving France and Spain. This dual registration with the Paris and Alicante Bar Associations enables direct intervention in both countries and mastery of the legal and tax specificities of both systems.

This specialisation guarantees:

  • a precise analysis of the applicable law according to your personal situation,
  • direct coordination with French and Spanish notaries,
  • representation of heirs residing in France without mandatory travel,
  • legal and tax security taking into account Franco-Spanish conventions,
  • powers of attorney drafted in French, signed before your usual notary.

Additional resources on inheritance in Spain

To explore specific aspects of your French-Spanish inheritance in greater depth, consult our dedicated pages:

Frequently asked questions about Franco-Spanish successions

Do I have to settle a succession in Spain even if the deceased was French and resident in France?

Yes.
A succession may fall under Spanish law even if the deceased was French and resident in France, in particular when he or she owned real estate in Spain. The applicable law depends on several factors, including the habitual residence of the deceased and the possible existence of a will in which a specific law was chosen.

Which law applies to a Franco-Spanish succession?

In principle, the applicable law is that of the habitual residence of the deceased at the time of death, in accordance with the European Regulation on successions.
However, the deceased may have chosen, by will, the application of the law of his or her nationality. Each situation must be analysed on a case-by-case basis.

Does a French heir have to travel to Spain for a succession?

Not necessarily.
In many situations, heirs residing in France may be represented in Spain for notarial and administrative procedures, subject to providing the required powers of attorney and documents. The firm drafts the powers of attorney, which you will sign, in French, before your usual notary.

How long does a succession in Spain take?

The duration varies depending on the complexity of the case.
By way of indication, a straightforward succession may be settled within a few months, while a succession involving several heirs, real estate assets or cross-border issues may take longer, the average duration being around six months.

What tax deadlines must be respected in Spain?

In Spain, heirs generally have a period of six months from the date of death to complete certain tax formalities.
Extensions may be possible, but they must be requested within specific time limits.

Is it necessary to accept or refuse a succession in Spain?

Yes, an heir may accept or refuse a succession in Spain.
It is also possible to accept a succession under benefit of inventory in order to limit liability to the value of the inherited assets. This choice has significant legal consequences and must be made with full knowledge of its implications.

Is inheritance taxation the same as in France?

No.
Inheritance taxation in Spain is distinct from that applied in France and varies depending on the region concerned, the degree of kinship and the personal situation of the heirs. A specific analysis is required in order to assess the applicable duties.

Is a French will valid in Spain?

Yes, a will drawn up in France is valid in Spain.
However, it is essential to verify its compliance and its impact under Spanish law, particularly when it concerns assets located in Spain.

In which cases is the involvement of a lawyer in Spain recommended?

The involvement of a lawyer is particularly recommended when the succession involves:

  • non-resident heirs,
  • real estate assets in Spain,
  • several national laws and international conventions,
  • significant tax or patrimonial issues.

We reside in France and my husband had not made a will. Does this create a problem in order to settle the succession in Spain?

No, not at all.
Since you reside in France, the deed of notoriety executed in France will be applied in Spain.

My husband and I were married under the French regime of universal community of property. Does this regime exist in Spain?

No, this regime does not exist in Spain, but your matrimonial property regime will nevertheless be recognised and applied in Spain.

Contact and initial review of the case

For any succession matter involving Spain, you may contact the firm for assistance. An initial review makes it possible to identify the applicable legal framework, the steps to be taken and the fees to be expected.

Contact the firm by completing this form or by calling (+34) 965 14 29 99

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