Spanish law when someone dies essentially deals with the rules for managing their estate and is much simpler if all documentation is in place
A time-limit is established for the payment of inheritance taxes in Spain, being six-months from the date of death. An application may be made during the first five months to have the deadline extended by a further 6 months. Once granted the extended period of six months begins when the first six months has ended.
Interest will be charged at an annual rate of 5% until the date the tax is paid.
The process for applying for the extension may vary slightly in each region, however typically you will need to present original and copy of the following documents:
- Death Certificate
- Identification (Passports/NIE)
- Brief inventory of assets and values
- Reason for requesting the extension
Should the application be denied for any reason, the original deadline will be extended by the period of time between application for the extension and notification of the refusal.
It is necessary to complete official form 650 or 652 (simple version) when paying inheritance taxes. These can normally be found in any office of Hacienda (Consejería de Economía, Hacienda y Empleo).
Along with the official form it is necessary to include all relevant information regarding the deceased, the beneficiaries and the assets that are the subject of the inheritance. So the following documents will be necessary depending on the assets to be distributed:
- Form 650/652
- Original and copy Passport Deceased
- Original and copy passport Beneficiaries
- List of assets with valuations
- Original and copy of death certificate
- Original and copy of RGAUV certificate
- Original and copy of will
- If no will, original and copy of ‘Declaración de Herederos’
- List of costs of funeral and support through final illness of deceased
- If Life Insurance then Certificate of Life Insurance
- Original and copy of property IBI receipt
- Original and copy of Vehicle documentation if any
- Original and copy of Bank Certificate regarding bank accounts, shares etc
- Original and copy of proof of relation with deceased (Birth Certificate)