Estate Planning Checklist for Expats in Spain: Everything You Need to Do (2026)
In short: Preparing your estate in Spain comes down to seven steps: a Spanish will, the choice of applicable law, an inventory of what you own and where everything is, a tax review with an adviser, the administrative documents, your personal messages, and a conversation with your family. This checklist takes them in order. It does not replace your notary: it helps you arrive at the notary's office well prepared.
Many expats in Spain share a quiet assumption: their affairs are simple, their family is close, everything is more or less in order, so the estate can wait. That is understandable. It is also one of the most costly mistakes for a family living between two countries. Spanish succession law, regional tax rules and European law form a whole that does not sort itself out.
This checklist exists because the problem is almost always one of organisation, not intention. Expats are not careless: they are busy, their Spanish is imperfect, and they do not know where to start or whom to ask. The seven steps below follow a logical order, from the legal foundations to the conversation with your loved ones. Take them one at a time.
For the legal background to each step, start with our complete guide to estate planning for expats in Spain. This checklist is its practical companion.
Step 1: a Spanish will and the choice of applicable law
The most important document an expat can prepare is a Spanish will, signed before a Spanish notary. Without one, your assets in Spain will be distributed under the Spanish rules for intestacy, which may be far from your wishes and may clash with the law of your home country.
Just as important is the choice of law clause. EU Regulation 650/2012 provides that your succession is governed by the law of your last habitual residence, unless you expressly choose the law of your nationality (Article 22). The Regulation applies in Spain whatever your nationality, including for British nationals after Brexit. Your notary should raise it with you. If they do not, ask.
Prepare the appointment: your NIE, your passport, any foreign wills, proof of address, and a written list of your assets and of the people you wish to leave them to. The appointment itself is usually simple; the preparation is what makes the document accurate. Our guide to making a will in Spain as a foreigner walks through each stage.
Step 2: an inventory of what you own in Spain
Before they can act, your family needs to know what exists and where to find it. This step is not glamorous, but it is the one that makes everything else possible.
Start with your property: the cadastral reference, the bank that holds any mortgage, the latest IBI (local property tax) receipt, and the contact details of the community of owners. If you own the property with someone else, ask a lawyer to confirm the exact ownership split.
Then list your bank accounts in Spain: the bank, the branch and your contact person, with no passwords and no amounts. Do not forget secondary accounts, online accounts and those used only for rental income. Note your investments, any life insurance with a Spanish insurer, and any pension plans (planes de pensiones).
Finally, record your pensions more broadly: the state pension from your home country and any workplace or private pensions held abroad. The rules vary a great deal with the type of pension, the country and the beneficiary's residence. Keep this inventory somewhere your family will actually find it.
Step 3: online accounts and subscriptions
Your digital life is part of what you leave behind: email, online banking, social media, photo storage, subscriptions that keep being charged every month. Your family will need to know that these accounts exist, with which service, and what procedure to follow.
The rule is simple: never write your passwords or codes in an estate document. Instead, note where each account is, which service to contact, and what you would like to happen to it: closed, kept, or turned into a memorial account. Most large platforms have a procedure for the relatives of someone who has died, which usually asks for a death certificate and sometimes a translation.
Step 4: succession tax and what it means for you
Spanish succession tax (Impuesto sobre Sucesiones y Donaciones) is one of the most misunderstood costs. It is a regional tax: rates and allowances vary widely between autonomous communities. Knowing which region applies to your estate is not a minor detail.
Heirs who do not live in Spain are in a particular position. The rules for non-residents have been examined several times by the Spanish courts and by the Court of Justice of the European Union. A tax adviser (asesor fiscal) used to cross-border estates is essential at this step. Ask specifically what the tax treaty between Spain and your home country provides, and check that the advice is based on the regional legislation currently in force.
Remember the deadline too: in Spain, succession tax must be filed within six months of the death, with an extension possible on request. Planning around this timetable spares your family a great deal of difficulty.
Step 5: the administrative documents (NIE, power of attorney, European Certificate of Succession)
Several documents are essential and too often forgotten until they become urgent. First, check that your NIE is up to date and that your address is correctly recorded on the municipal register (padrón). Inconsistencies in these records often delay succession procedures.
Second, the notarial power of attorney (poder notarial). It allows a trusted person to manage your affairs in Spain if you can no longer do so yourself or are away. A general power covers a wide range of acts; a special power is limited to specific acts, such as selling a property. See our article on power of attorney in Spain.
Third, the European Certificate of Succession, created by Regulation 650/2012. It allows heirs to prove their status in several EU countries without repeating the procedure in each one. If your assets are spread across several European countries, ask your notary whether it applies to you.
Step 6: personal legacy, what a will does not pass on
A will distributes assets. It does not pass on what matters most to the people who love you. Preparing your personal legacy means taking the time to leave what has nothing to do with the law, and it is often what families remember longest.
In practice: writing letters to your children, your partner, your close friends. Recording a voice message or a video while you have the wish and the energy. Writing down the family stories that exist nowhere else, the recipe served at every celebration for three generations, the names of the people in old photographs. Our article on personal legacy messages offers ideas to start.
Step 7: tell your family
Every step of this checklist loses its meaning if the people who will have to act do not know it exists. Telling your family, or at least one trusted person, where your documents are, who your contacts are and what your wishes are is the most important step. It is also the one most often put off.
Start with the practical. Every will signed before a Spanish notary is recorded with the Registro General de Actos de Última Voluntad in Madrid; after the death, your heirs can request the certificate. Give the names of your notary, your lawyer or gestor, and your tax adviser. Explain, in broad terms, what exists in Spain and which documents will need to be found. If a power of attorney exists, check that the person named is still willing and available.
Then go a little further: talk about your intentions, not just your instructions. If you have written letters or recorded messages, you do not need to reveal what they say, but tell your family that they exist and how they will receive them.
Frequently Asked Questions
Do I need a Spanish will if I already have a will in my home country?
In most cases, yes. A foreign will can in theory cover your assets in Spain, but having it recognised requires sworn translations, apostilles and often long delays. Two coordinated wills, one Spanish and one from your home country, is common practice, provided they do not contradict each other. Your notary will advise you.
What happens to my estate in Spain if I die without a will?
Spanish intestacy rules apply. Where there are children, the surviving spouse generally receives a life interest (usufruct) over one third of the estate, and ownership passes to the children. The process is slower and more expensive than a prepared succession, and the result may be far from what you wanted.
Can my children inherit my property in Spain without coming to Spain?
Yes, by giving a power of attorney to a Spanish lawyer who handles the process for them. They will still need an NIE, pay succession tax and register the property in their names. The European Certificate of Succession can simplify matters if other EU countries are involved.
Where does Sucesio fit in this checklist?
Sucesio complements the work of your notary, lawyer and tax adviser, it does not replace it. You record where your assets, documents and contacts are, and leave your instructions and personal messages, with no passwords and no amounts. When the time comes, your heirs will know where to start, in their own language.
In conclusion
This checklist is not completed in an afternoon. It has seven steps; some need a professional's input, and all deserve a review when your situation changes. Step 1 is the most urgent if you do not yet have a Spanish will. Step 7 is the one most often forgotten. Step 6 is the one that lasts longest.
What matters is to start: choose one step, book one appointment, write a first list. The rest follows.
This article is for information only and does not constitute legal or tax advice. Rules vary with your nationality and situation. For any decision about your estate, consult a notary or a lawyer in Spain.