Inheritance in Spain for families from China: legal process, taxes, property transfer and international planning

Understanding inheritance in Spain when heirs live in China

Inheritance in Spain operates under a legal and tax system that is different from many other countries, which often surprises heirs living abroad. When the deceased has property, bank accounts or investments in Spain, the estate must follow the Spanish inheritance process even if the beneficiaries live in China and even if the will was signed outside Spain.

Spain does not apply automatic title transfer upon death. This means that heirs from China do not become legal owners of the Spanish assets until the inheritance process is formally completed. Failing to complete it on time can cause financial penalties and make it difficult or impossible to sell the property later.

Understanding Spanish succession rules from the beginning helps families from China avoid delays, blocked bank accounts, property freezes, late interest charges and unnecessary legal disputes between heirs.

Is a Spanish will required for beneficiaries in China?

A Spanish will is not mandatory, but it can significantly simplify the inheritance procedure. If the deceased had a will drafted abroad in China, it can be used in Spain, but it must undergo a formal legalisation and translation process before being accepted by Spanish authorities.

If there is no will, Spanish intestate succession law applies automatically, designating heirs according to strict family priority rules that may be very different from those in China. In these cases, spouses and children may not inherit in the proportions expected by the family.

For families with ties across Spain and China, having both a Spanish will and a will in China — drafted correctly to avoid conflict — is often the most practical and legally secure solution.

Spanish inheritance tax for families in China

Spanish inheritance tax (Impuesto de Sucesiones) applies when the deceased was resident in Spain or when the assets inherited are located in Spain. This includes property, bank accounts, vehicles, shares and certain investments.

The most important detail is that inheritance tax in Spain is not national; it depends on the autonomous community where the deceased lived or where the property is located. Some regions offer reductions of up to 99%, while others apply high tax rates. This variation often confuses heirs living in China, who may receive contradictory information.

Without proper tax planning, heirs from China may pay more inheritance tax than necessary simply because they do not know how to apply regional deductions, bonuses or exemptions.

Deadlines to accept an inheritance in Spain

Spanish inheritance tax must normally be filed within six months from the date of death. If heirs from China do not file within the deadline, late interest and penalties apply automatically.

Because many heirs live in China and are unfamiliar with Spanish procedures, they often discover the deadline when it is already close or expired. Fortunately, in specific circumstances it is possible to request an extension or negotiate a delayed payment plan to avoid asset embargoes.

Acting quickly is essential because Spanish banks and land registries will not grant access to the estate until the tax declaration is filed and accepted.

Transferring Spanish property to heirs in China

When the inheritance includes a property in Spain, a notary must formalise the acceptance of inheritance and the deed must then be registered in the Land Registry. Only once this is done do the heirs from China become legal owners and obtain full rights to sell or rent the property.

Selling the property immediately after inheritance is common among heirs living in China who do not plan to relocate to Spain. However, it is important to structure the sale correctly to avoid additional capital gains taxes and double taxation issues between Spain and China.

If the family decides to keep the property, registering correct co-ownership shares is crucial to avoid conflicts or legal complications in the future.

Double taxation issues for heirs in China

If the heirs file inheritance taxes in Spain and China, there is a risk of double taxation unless the international tax treaty between both jurisdictions is applied correctly. Some countries allow foreign tax credits, others apply exemptions, and some treaties treat immovable property differently from financial assets.

Understanding how the inheritance will be taxed both in Spain and in China is key to planning distributions, property retention or liquidation of the estate.

Professional cross-border coordination prevents families from paying inheritance tax twice on the same asset and ensures that the transfer complies with both legal systems.

Avoiding family and legal conflicts between heirs in Spain and China

Cross-border inheritance often involves multiple heirs living in different countries, disagreements on property sale, unequal contributions to expenses, or one beneficiary occupying the property. These issues tend to escalate when there is no clear legal guidance.

A structured inheritance process establishes transparency between heirs in Spain and China, ensures access to documents for all parties, and avoids emotional or financial pressure during an already sensitive moment.

An independent legal representative in Spain can act on behalf of heirs living in China to manage the entire procedure efficiently without requiring travel.

Planning ahead for families with assets in Spain and China

Families who own assets in both Spain and China benefit enormously from proactive succession planning. This includes evaluating inheritance tax exposure, drafting compatible wills in both jurisdictions, reviewing matrimonial property regimes and anticipating the treatment of pensions or life insurance.

Planning ahead protects heirs from unexpected tax bills and ensures that assets pass smoothly to the next generation without legal conflict.

Lawyer for cases when people from China receive an inheritance from Spain

Receiving an inheritance in Spain while living in China, as HerenciasPlus mentions does not have to be stressful. The key is to follow the proper legal procedure, manage deadlines, apply the correct regional tax rules and anticipate international implications.

Once the procedure is completed correctly, heirs from China can receive property titles, funds and distributions without limitation and with total legal certainty.

If you are inheriting assets in Spain from a relative while living in China — or if you want to plan in advance to protect your family — you can contact us directly on WhatsApp:
https://api.whatsapp.com/send/?phone=34644121802
or through the contact page. We take care of the legal process, inheritance tax, cross-border paperwork and property transfer so that you and your family can handle inheritance in Spain from China with maximum efficiency, clarity and peace of mind.