Where heirs get caught out
Families often wait until they want to sell before dealing with the Spanish inheritance. By then the tax deadline has passed, surcharges apply and documents from abroad take months. The house cannot be sold until the inheritance is accepted and registered.
The process for heirs
| Step | What it involves |
|---|---|
| Documents | Death certificate, Spanish certificate of last wills, foreign will or grant, apostilles, translations |
| Applicable law | Analysis under the EU Succession Regulation |
| NIEs and powers | NIE for each heir and powers of attorney |
| Acceptance deed | Acceptance and allocation of the inheritance before a notary |
| Taxes | Balearic inheritance tax and the municipal plusvalía |
| Registration | The property registered in the heirs' names |
Foreign wills and applicable law
In general the law of the deceased's habitual residence governs the inheritance, unless they chose the law of their nationality in their will. A German owner living in Germany, for example, may have the estate governed by German law, while the Ibiza villa is still transferred through a Spanish notary. We analyse which law applies and which documents the notary will accept.
Balearic inheritance tax
Inheritance tax on property in Ibiza is paid under Balearic rules, which include significant reductions for spouses, children and close relatives. We calculate the tax before filing so the family knows the cost, and request an extension where needed.
Selling an inherited home
The inheritance must be accepted before the sale, but both deeds can be coordinated, even on the same day. We calculate the capital gain and, for non-resident sellers, the 3% retention. See selling property in Ibiza.
Wills for owners in Ibiza
A Spanish will covering Spanish assets, coordinated with your will at home, makes the process much faster for your family and can include a choice of law. We draft wills in English or German and Spanish. See also NIE and power of attorney. Ibiza.law is part of Castell.law.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about inheriting property in Ibiza
Do I have to travel to Ibiza to inherit?
No. With a power of attorney signed in your country we can obtain your NIE, sign the acceptance deed and register the property.
Is a foreign will valid for a house in Ibiza?
It can be, with an apostille, translation and the documents the notary requires. A separate Spanish will makes it simpler.
What is the deadline for inheritance tax?
Generally six months from death, with a possible extension if requested within the first five months.
Can we sell before the inheritance is completed?
The acceptance must come first, but it can be signed together with the sale on the same day.