What to do with an inherited property in Spain

Start with the Land Registry record

A nota simple, also called a nota simple informativa, is an extract issued by the Spanish Registro de la Propiedad (Land Registry) for one registered property, known as a finca. It reflects the registry information on the day it is issued.

For an inheritance, it shows the property description as registered, including its location, surface and type. It also states who owns the property, the share held by each registered owner, how and when ownership was acquired, and any charges recorded against it.

Those charges can include mortgages, embargos (seizures for debt), easements, usufructs and annotations of legal proceedings. This information helps the heirs and their advisers understand what is actually registered before preparing the inheritance documents.

The nota simple is informative rather than certified. A certificación registral (Land Registry certificate) is a different, slower and more expensive document. The nota simple is the document commonly used for inheritance checks and when dealing with notaries, banks and lawyers.

Documents and information used in a Spanish inheritance

The inheritance process normally involves the death certificate and the certificado de últimas voluntades (certificate of last wills). The estate may be governed by a Spanish will or may involve a foreign will. The documents required and the way a foreign will is handled will depend on the circumstances, so an independent lawyer should review the estate.

Heirs will also need an NIE, the Número de Identidad de Extranjero (foreigner identification number), for the Spanish inheritance process. This is separate from ordering a nota simple: no Spanish DNI or NIE is required to place an order for the property record through our service.

Property details should be checked carefully. An address alone may not identify a single registered property, particularly in developments, apartment buildings or areas where addresses have changed. The cadastral reference can help locate the property, although the nota simple itself comes from the Registro de la Propiedad rather than the Catastro.

• Death certificate
• Certificado de últimas voluntades (certificate of last wills)
• Spanish will or relevant foreign will
• NIE for each heir
• Current nota simple for the inherited property

Accepting the inheritance before a Spanish notary

The heirs generally accept the inheritance before a Spanish notary. The notary will work from the relevant inheritance documents and the information concerning the property and the heirs.

A current nota simple helps ensure that the property used in the inheritance documents matches the finca recorded at the Registro de la Propiedad. It can also reveal issues that should be discussed with the lawyer or notary before the inheritance is completed, such as an existing mortgage, an embargo or a difference in the registered ownership shares.

Inheritance arrangements can depend on the will, the heirs involved and the property record. We recommend instructing a lawyer experienced in Spanish inheritance matters. Notas Registrales España supplies registry documents and general explanations, but it is not a law firm and does not provide legal advice.

Inheritance tax and municipal plusvalía

An inheritance involving Spanish property can give rise to inheritance tax and plusvalía municipal (municipal plusvalía tax). The amount and treatment can vary by region and according to the circumstances of the inheritance.

The nota simple does not calculate these taxes and should not be treated as tax advice. Ask your lawyer or other qualified adviser to confirm which taxes apply to the estate and what must be done in the relevant municipality and region.

It is useful to obtain accurate registry information early because the registered property description and ownership details may be needed by the professionals handling the inheritance and its tax formalities.

Registering the heirs as the new owners

Once the inheritance has been accepted and the relevant formalities completed, the heirs can register their ownership in the Registro de la Propiedad. Registration is voluntary in Spain, except in relation to mortgages, but registering the new owners after an inheritance is strongly advisable.

Registration is also needed in practice if the heirs later want to sell or mortgage the property. Until the registry is updated, a nota simple will continue to show the ownership information currently recorded there.

The Registro de la Propiedad should not be confused with the Catastro (Cadastre). The Registro records legal ownership and charges. The Catastro is a tax and physical inventory containing information such as boundaries, surface, cadastral value and the 20-character cadastral reference. It does not prove ownership or show mortgages and debts.

When the Registro and Catastro do not match

The Registro de la Propiedad and the Catastro can disagree about the surface, address or even the plot. These differences matter because a cadastral record does not replace the legal ownership record held by the Registro.

Every property is registered at one specific Registro de la Propiedad. Larger or tourist municipalities may be divided between several registries, while a small town may be served by a registry named after another town. A request sent to the wrong registry will be rejected.

Our pre-check compares the address or cadastral reference with Catastro information and the registry's own maps. We then identify the competent registry before submitting the request. If the registry cannot issue the document because the property does not exist as described, we contact you to correct the information before anything else.

Ordering a nota simple for an inherited property

To order, provide the property address or cadastral reference, the town and province, and your email address. The registered owner's name is optional, although it can help when an address is ambiguous.

We locate the property, identify the correct registry and submit the request through the official registry platform. The nota simple is delivered as a PDF by email, usually within 24–48 hours on working days. Weekends and Spanish public holidays can add time.

The total price is €35.86 per property. This consists of our €24.95 service fee and the €10.91 official registry fee. An optional non-sworn translation into English is available for an additional €3.99. It is supplied with the Spanish original and is intended to help you understand the document, not for filing with an authority.

Notas Registrales España is a private, independent service. We are not the Registro de la Propiedad, the Colegio de Registradores, a government body or a law firm. You can request the same document yourself for a lower cost through the official website, sede.registradores.org, which operates in Spanish and requires the correct registry and property information.