Inheritance lawyer in Costa del Sol (Spain): full service for expats

If you are inheriting property, bank accounts or any asset in Costa del Sol — and you live in the UK, Ireland, Germany, the Netherlands, Belgium, Sweden, Norway or anywhere else outside Spain — you have six months from the date of death to file the Spanish Inheritance Tax. Six months in which most heirs are also dealing with grief, family arrangements, and a foreign legal system in a language they don’t speak.

Our office is in Fuengirola, in the heart of Costa del Sol, just 30 minutes from Marbella, 20 minutes from Málaga and 10 minutes from Mijas. We handle inheritances in English for clients across Costa del Sol on a daily basis — about 50% of our cases involve at least one heir who lives outside Spain.

Why you need an English-speaking inheritance lawyer in Costa del Sol

• Language matters. Spanish notaries draft deeds in Spanish. The Junta de Andalucía Tax Office responds in Spanish. The Land Registry, the bank, the town hall — all Spanish. A bilingual lawyer who can translate every document, attend the notary in your name, and explain plainly what you are signing avoids costly misunderstandings.
• Andalucía’s rules on Spanish Inheritance Tax — a reduction of €1,000,000 per heir and a 99 % bonification for the spouse, children, grandchildren and parents (Law 5/2021, arts. 28 and 39) — apply to non-residents as well: after the Court of Justice ruling in case C-127/12 (2014), Law 26/2014 extended the regional rules to EU and EEA residents and Law 11/2021 to residents of any other country, the UK included (Second Additional Provision of Law 29/1987). But you have to apply them correctly in the return, which non-residents file with the State Tax Agency.
• EU Regulation 650/2012 governs cross-border inheritances. Default rule: the law of the deceased’s habitual residence at the time of death. Exception: the deceased could have chosen, in their will, the law of their nationality. We unravel which rule applies to your case.
• Six-month deadline. File late and you pay a surcharge of 1 % plus 1 % for each month of delay, or 15 % plus interest after a year (art. 27 of the General Tax Act). We routinely handle cases with two months left on the clock.
• You don’t need to fly to Spain. With a power of attorney signed before a notary in your country (apostilled and translated), we handle every step on your behalf. About 80% of our non-resident clients never travel during the inheritance process.

Cities we cover in Costa del Sol

• Marbella (premium properties: La Zagaleta, Sierra Blanca, Puerto Banús, Guadalmina, Nueva Andalucía).
• Mijas (Mijas Costa, Mijas Pueblo, La Cala, El Faro, Riviera del Sol, Calahonda).
• Fuengirola (where our office is located, plus Carvajal, Los Boliches, Torreblanca, El Higuerón).
• Benalmádena (Costa, Pueblo, Arroyo de la Miel, Torrequebrada, Pueblo Andaluz).
• Torremolinos (La Carihuela, Bajondillo, Playamar, Los Álamos, Montemar).
• Málaga capital (city centre, Pedregalejo, El Limonar, Cerrado de Calderón, La Caleta).
• Estepona, Manilva, Casares, San Pedro de Alcántara, Benahavís, Sotogrande.

What we do for non-resident heirs

Spanish Inheritance Tax filing (Modelo 650)

We prepare and file the Spanish Inheritance Tax return within the 6-month deadline (extendable by another six months if requested within the first five): with the State Tax Agency (AEAT) for non-resident heirs, or with the Agencia Tributaria de Andalucía for residents. We apply the Andalusian reduction of €1,000,000 per heir for the spouse, descendants and ascendants, the 99 % reduction for the deceased’s main home, the 99 % bonification on the tax and any other reductions that apply (life insurance, family business), and we act as the representative in Spain that heirs resident outside the EU must appoint (art. 18.4 of the Regulations).

Plusvalía Municipal (local land-value tax)

Each town hall (Marbella, Málaga, Mijas, Fuengirola, Benalmádena, Torremolinos…) has its own tax ordinance, with its own rate and its own bonification for the family home. Since Royal Decree-Law 26/2021, passed after the Constitutional Court judgment of 26 October 2021, the tax is calculated on the cadastral land value, but if the real increase in value is lower that is taxed instead, and with no increase there is no tax (arts. 104.5 and 107 of the Local Finance Act). We calculate both and file the lower.

NIE (Foreigner’s Tax Number) for each heir

Every non-resident heir needs a Spanish NIE before tax can be paid or property transferred. We obtain the NIE for you — usually within 1-3 weeks — through the Oficina de Extranjería in Málaga or Fuengirola.

Inheritance deed before a Spanish notary

We draft and sign the Escritura de Aceptación y Adjudicación de Herencia on your behalf. The deed transfers ownership formally. We coordinate with notaries in Marbella, Mijas, Fuengirola, Benalmádena, Torremolinos and Málaga capital.

Property registration

The deed is filed at the relevant Land Registry as soon as the Inheritance Tax and the plusvalía have been filed, which the Registry checks before registering (art. 254 of the Mortgage Act). Once registered, the property is yours and you can sell, rent, refinance or hold.

Bank accounts, brokers, vehicles

We notify Spanish banks (Santander, BBVA, CaixaBank, Sabadell, Bankinter, ING) and brokers, present the death certificate and certificate of last wills, and arrange the closure or transfer of accounts. Vehicles need a separate transfer at Tráfico.

UK probate / cross-border coordination

If the deceased made a UK will, we obtain the Grant of Probate, apostille it (Hague Convention), arrange a sworn translation, and present everything to the Spanish notary. We coordinate with UK solicitors when needed.

EU Regulation 650/2012

We determine which national law applies (habitual residence vs. chosen national law) and obtain the European Certificate of Succession when assets are spread across multiple EU countries.

Worked example — Costa del Sol inheritance

Mrs. Smith was a UK resident who passed away owning:

• An apartment in Carvajal (Fuengirola) worth €380,000.
• A bank account in CaixaBank with €45,000.
• A vehicle registered in Spain.

Her two adult children, both UK residents, inherit equally. Applying Andalucía’s regional rules (available to non-residents, UK residents included, under the Second Additional Provision of Law 29/1987):

• Total taxable estate: €425,000 → €212,500 each.
• Kinship reduction (Group II, adult children): €1,000,000 — fully covers the share, so taxable base = 0.
• Inheritance Tax: €0 each, but Modelo 650 must still be filed with the AEAT within six months, and a representative in Spain appointed.
• Plusvalía Municipal at Fuengirola town hall: ~€800-€1,500 depending on calculation method.
• Notary fees: ~€600-€900.
• Land Registry fees: ~€400.
• Our professional fees: ~€2,500-€3,000.

Total cost: under €5,000 for a €425,000 estate (household goods not included). Under the state rules alone each child would pay about €30,900 (state scale on a base of €196,543): some €62,000 in total.

How we work with non-resident clients

1. Free first consultation by phone or video call, in English. We diagnose your case, explain bonifications, list documents to gather, and quote a fixed fee.
2. Engagement letter with fixed fees. No hourly billing.
3. Power of attorney signed in your country, apostilled, sent to us. From that point we handle everything.
4. Email status reports every 2 weeks until the inheritance is fully registered.
5. Final delivery: deed copy, registry certificate, tax payment receipts, all documentation neatly indexed.

Fees for non-resident inheritances

Standard non-resident inheritance in Costa del Sol (one property, up to 3 heirs, no litigation): €2,500-€3,500 in professional fees, plus government taxes, notary and registry fees. We provide a fixed-fee written quote before you commit.

Languages we work in

English (native level), Spanish (mother tongue), French. For Dutch, German and Scandinavian-language documents we work with sworn translators we trust.

Frequently asked questions

I am a UK resident, do I pay inheritance tax in both Spain and UK?

You pay Spanish Inheritance Tax in Spain on the Spanish assets; for the spouse, children and parents the Andalusian reduction of €1,000,000 per heir usually leaves nothing to pay. UK Inheritance Tax is charged on the deceased’s estate, not on you as heir, and only if the estate exceeds the UK thresholds; if the deceased was UK-domiciled, the estate includes the Spanish property. There is no Spain–UK treaty on inheritance tax, but the UK grants unilateral relief for the Spanish tax paid on the same property (section 159 of the Inheritance Tax Act 1984). Each case requires individual analysis.

How long does an inheritance in Costa del Sol take?

3-6 months for a clean case. 6-9 months with international elements (apostilles, translations, foreign probate). 12-24 months with litigation among heirs.

Do I need to fly to Spain?

No. With a power of attorney signed before a notary in your country (apostilled and translated), we handle every step. The first time you “see” the property is usually when you sell it.

What documents do I need to send you to start?

1) Death certificate (apostilled if foreign), 2) any will the deceased made (Spanish, UK, or other), 3) copy of your passport, 4) details of Spanish assets you know of (deeds, IBI tax bills, bank statements). With these we provide a fixed-fee quote and start.

What is the deadline?

Six months from the date of death, extendable for another six if you submit the prórroga request within the first five months (art. 68 of the Regulations), with late-payment interest. After that, surcharges apply.

Can you handle inheritances if I live outside the EU (USA, Canada, Australia)?

Yes. The tax rules are the same — since Law 11/2021 residents of any country apply the Andalusian rules — and heirs resident outside the EU must appoint a representative in Spain, which we provide. The documentation differs: US, Canadian and Australian documents require apostilles and sworn translations. We have handled cases for clients from California, New York, Toronto, Vancouver, Sydney and Melbourne.

What if the property has been vacant for years and there are bills owed?

Pending utility bills, IBI (council tax) and community fees from before the death are debts of the deceased that reduce the taxable base when they are properly documented (art. 13 of Law 29/1987). We obtain certificates from each provider and reconcile before signing the deed.

Free consultation with an English-speaking inheritance lawyer

Call +34 900 525 939 or use our contact form. First consultation is free, with no obligation. We respond the same day in English. Office in Fuengirola, service across Costa del Sol.

Read our full guide: Inheritance in Spain for non-residents (2026)