Professional Guide to Accepting Inheritances in the Balearic Islands for European Union Citizens
The acceptance of an inheritance in the Balearic Islands is a legal procedure that requires compliance with specific formal requirements and deadlines.
Balearic tax regulations establish a 99% reduction in Inheritance and Gift Tax for descendants, ascendants, and spouses (Groups I and II).
First Steps
Essential Personal Documents
Deceased's Death Certificate
It will be necessary to provide the international death certificate or the death certificate from the deceased's country of origin. If the document is not written in Spanish, it must be accompanied by an official sworn translation into Castilian Spanish.
The sworn translation can be carried out either in the heir's country of origin or directly in the Balearic Islands by officially recognised sworn translators, thus facilitating the agility of the procedure.
Identification Documents
Valid passports or identity documents for all heirs, and where applicable, those of the deceased if preserved, must be provided for the entire administrative and notarial procedure.
It is essential to verify that all identification documents are valid at the time of processing.
Proof of Your Right to Inherit
Proof of Your Right to Inherit
Central Register of Last Wills
Certificate from the Central Register of Last Wills, a document that certifies the existence or non-existence of testamentary dispositions granted by the deceased. The application for and obtaining of this essential certificate will be managed directly by the notary's office handling the acceptance of the inheritance.
Inheritance Document from the Country of Origin
Notarised will from the country of origin with a deed of notarial opening, certificate of inheritance from the country of origin, or a European Certificate of Succession, each of which must be duly apostilled with the Hague Apostille and accompanied by an official sworn translation into English.
Important: All documents from the country of origin must bear the Hague Apostille and be accompanied by an official sworn translation into English, unless they were originally issued in several languages, including Castilian Spanish.
How to apply for the Spanish Foreigner Identification Number (NIE)
All heirs must have a Spanish Foreigner Identification Number (NIE) for processing the inheritance. Foreign citizens who do not yet have this document may apply for it at Spanish consulates in their country of residence or directly at foreign residents' offices in Spain. The application procedure requires completing the official EX-15 form and paying the corresponding fee.
1
Contact with the Consulate
It will be necessary to select the relevant consulate according to the interested party's place of residence and formally arrange the required prior appointment for the process.
2
Preparation of Documentation
The valid passport or identity document, the official application form, and, if required, credible justification for the NIE application must be gathered.
3
Attendance at the Appointment
The applicant is required to appear in person, accompanied by all necessary documents, at the designated consular office.
4
Obtaining the NIE
Once the processing procedure is completed, the Spanish tax identification number will be issued for the corresponding purposes.
Contact Points
Consulates of Spain in the Country of Residence
A summary of the Consulates of Spain in the country of origin relevant for processing the Foreigner Identification Number (NIE) and other consular services is presented below:
Consulate General in London
20 Draycott Place, London SW3 2RZ, United Kingdom
Tel.: ++44 20 7589 8989
Consulate General in Manchester
55 Brown Street, Manchester M2 1YB, United Kingdom
Tel.: +(+44) (0) 161 669 3180
Consulate General in Edinburg
63 North Castle Street, Edinburgh EH2 3LJ, United Kingdom
Tel.: +44 131 226 4568
Real Estate
REAL ESTATE DOCUMENTATION
The full Land Registry details of the Spanish property(ies) included in the inheritance, as well as updated registry extracts certifying ownership, encumbrances, charges, and registered rights over the properties. Furthermore, Real Estate Tax (IBI) receipts corresponding to the current tax year must be provided.
Community Documentation
In the case of condominiums, documentation relating to the community of owners will be required, including current statements of accounts and any agreements affecting the property.
Rented Properties:
For rented properties, valid lease agreements and income derived from rent must be thoroughly documented.
Register Financial Assets
Official bank certificates verifying ownership of the deceased's accounts, deposits, and other financial assets, with an express indication of the balances held on the date of death. Spanish financial institutions will issue these certificates upon formal request from the heirs.
Liabilities
Documenting Debts and Charges
Documentary evidence of the debts and charges encumbering the inheritance, including credit agreements, mortgage loans specifying the outstanding capital balance as of the date of death, as well as any other duly documented financial obligation of the deceased.
Apostille and Sworn Translations
1
Hague Apostille
Documents issued in the country of origin must bear the Hague Apostille for their legal validity in Spain. This procedure must be processed by the competent authorities in the country of origin.
2
Official Sworn Translation
All documents drafted in the language of the country of origin that are presented in Spain must be accompanied by an official sworn translation into Castilian Spanish, carried out by a duly authorised sworn translator to guarantee their full legal validity.
3
Multilingual Documents
Those documents originally issued in several languages, including Castilian Spanish, will not require additional sworn translation; however, they must be duly apostilled.
4
Notarial Verification
It is recommended that all translated documents be reviewed by the acting notary to verify their completeness and accuracy, prior to the continuation of the inheritance procedure.
The correct authentication and sworn translation of all documents constitute essential and highly relevant stages in the procedure. This process, although it may require a time investment, is indispensable for the effective processing of the inheritance.
It is advisable to plan the management of these requirements with due anticipation to avoid potential delays in the course of the process.
Essential Documentation for Inheritance Proceedings
Personal Documents
International death certificate or death certificate from the deceased's country of origin, valid passports or identity documents for all heirs and, where applicable, for the deceased, and the Foreigner's Identification Numbers (NIE) for the heirs.
Proof of Right to Inherit
Certificate from the General Register of Last Wills, notarised will from the country of origin with a notarised opening act, inheritance certificate from the country of origin or European Certificate of Succession, duly apostilled and with official sworn translation.
Property Documentation
Complete data from the Property Registry, updated registry extracts proving ownership, charges, encumbrances, and registered rights over the properties, as well as the Real Estate Tax (IBI) receipts for the current fiscal year.
Financial Assets
Official bank certificates proving ownership of accounts, deposits, and other financial assets of the deceased, with express indication of the balances existing at the date of death.
Liabilities
Documentation proving the debts and charges encumbering the inheritance, including credit agreements, mortgage loans with indication of the outstanding capital at the date of death, as well as any other duly documented monetary obligations.
Legalisation
Hague Apostille and official sworn translations into Spanish of all documents issued in other languages, particularly those from European Union countries.
With all documentation complete and duly formalised, you will be perfectly prepared for the acceptance of the inheritance.
Should you require any further clarification, our team and collaborating notary are entirely at your disposal.
INHERITANCE PROCEDURE
Roadmap for Inheritance Acceptance
This diagram outlines the fundamental steps and indicative timeframes for managing and formalising the acceptance of an inheritance in the Balearic Islands. Its objective is to provide a clear and structured overview of the entire procedure.
PRACTICAL INFORMATION
Key Legal Deadlines in the Inheritance Procedure
The processing of an inheritance in the Balearic Islands requires observance of various legal deadlines of crucial importance. Below, the most relevant temporal milestones and an estimate of the total period of the procedure are detailed, which will allow for advance planning.
Deadline for Settlement of Inheritance Tax
Inheritance and Gift Tax must be settled within a period of 6 months from the date of the deceased's death. There is the possibility of requesting an extension for an additional 6 months, provided that such request is submitted within the first five months of the initial period.
Deadline for Formalising Acceptance of the Inheritance
Legally, the heir has up to 30 years to formalise the acceptance of the inheritance. However, it is strongly recommended that acceptance takes place within the first six months to optimise the agility of the procedure and avoid possible surcharges or late payment interest on tax settlement.
Statute of Limitations for Inheritance Tax
The right of the tax administration to settle Inheritance and Gift Tax lapses after 4 years, calculated from the end of the voluntary payment period for the tax.
Application for the Certificate from the General Register of Last Wills
This document, essential for determining the existence of testamentary dispositions granted by the deceased, can be requested after 15 working days from the date of death.
The total estimated time to complete the inheritance acceptance procedure in the Balearic Islands is between 3 and 6 months, fluctuating depending on the complexity of the documentation provided and the speed in managing the inherent administrative procedures.
ESTIMATED COSTS
**Analysis of the (Approximate) Costs Associated with Inheritance Proceedings in the Balearic Islands
Inheritance proceedings involve various expenses that must be borne by the heirs. Below are the main items and their estimated amounts, although these may vary depending on the specific circumstances of each inheritance proceeding.
Important note: The total costs for an inheritance proceeding of moderate complexity typically range between 2,200€ and 3,500€. In cases of greater complexity, expenses could exceed 4,000€.
"In case of doubts about the necessary documentation or legal deadlines, it is recommended to seek specialised professional advice on inheritances in the Balearic Islands."
RENUNCIATION OF INHERITANCE
Inheritance Renunciation Procedure in the Balearic Islands
The renunciation of an inheritance constitutes a legal act of significant importance with substantial legal implications. Understanding the circumstances and the procedure for formalising it is essential for European Union citizens residing in the Balearic Islands.
Circumstances to consider when renouncing an inheritance
Insufficient Assets to Cover Hereditary Liabilities
When the hereditary liabilities exceed the value of the assets, renunciation prevents heirs from assuming the debts of the deceased.
Family Discrepancies
In certain circumstances, renunciation may be considered to prevent conflicts or disagreements between heirs.
Exclusion of Inherent Responsibilities
In cases where one does not wish to assume the management of assets or the fulfilment of obligations associated with the inheritance.
Procedure for formalising the renunciation
Notarial Formalisation
The renunciation of an inheritance must be formalised by means of a public deed executed before a Spanish notary, in accordance with the provisions of article 1008 of the Spanish Civil Code.
Documentation
It will be necessary to provide the renouncer's national identity document or passport, the deceased's death certificate, the will or the corresponding declaration of heirs, as well as the certificate from the General Register of Last Wills.
After the Deceased's Passing
The renunciation of an inheritance can only be formalised after the death of the deceased, as anticipated renunciation of future inheritances is not admissible under Spanish legal order.
Minors and Incapacitated Persons
When the heirs are minors or persons with judicially modified capacity, the renunciation of the inheritance will necessarily require prior judicial authorisation to safeguard their legitimate patrimonial interests.
Important Note: The renunciation of an inheritance is an irrevocable act that does not admit conditions or deadlines. Once formalised, the renouncer may not claim any right over the hereditary assets.
PROFESSIONAL ADVICE ON INHERITANCE FOR EU CITIZENS
Contact
Telephone
(+34) 971 811 758
Mobile
(+34) 672 438 292
Address: Avda. Savines 41 | 07560 Sa Coma | Baleares | Spain
Opening Hours:
Monday to Friday from 09:00 to 18:00
Or by prior appointment