Inheritance lawyer in Valencia: administer your estate under Valencian rules and without tax errors

An estate in Valencia involves navigating the succession tax framework of the Comunitat Valenciana, which has its own rates and reliefs under the Impuesto de Sucesiones (ISD), different from those of other Spanish regions. Many families in Valencia are unaware that the Comunitat Valenciana provides specific kinship reliefs, a main home relief and a family business relief, but does not offer a blanket 99% rebate as Madrid and Andalusia do. Moreover, an estate in Valencia may include property in the Horta, in coastal areas such as La Malvarrosa, or in metropolitan municipalities (Paterna, Mislata, Torrent), each served by a different Land Registry and requiring actions before different authorities. Completing all of this within six months without specialist advice is technically demanding.

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Why BM Consulting

Specialised advice and personal service

At BMC we are specialist inheritance lawyers in Valencia with in-depth knowledge of the Conselleria d'Hisenda de la Comunitat Valenciana's rules. We manage the complete process: obtaining succession documents, inventorying and valuing assets, drafting the partition agreement (cuaderno particional), filing the ISD self-assessment with the ATCV (Agència Tributària de la Comunitat Valenciana), dealing with the local capital gains tax (plusvalía municipal) in the Valencia City Council, and completing the Land Registry inscriptions. Where there is a dispute among heirs, we act extrajudicially or before the Courts of First Instance in Valencia.

  • In the Comunitat Valenciana the ISD provides a €100,000 kinship relief per direct heir, but there is no 99% rebate as in Madrid or Andalusia.

  • The deadline to settle the tax is 6 months from the date of death, extendable by a further 6 months on request before the initial deadline.

  • Without a will, the estate follows the Spanish Civil Code — Valencia has no separate regional succession law.

  • Where there are debts, the heir may accept under benefit of inventory to protect personal assets.

How we work

From first contact to case completion

  1. Documentation and opening of the estate file

    We obtain the certificate of last wills (certificado de últimas voluntades), the certified copy of the will from the Colegio Notarial de Valencia and, where there is no will, we process the intestate declaration of heirs (declaración de herederos abintestato). We identify and communicate all deadlines from the outset.

  2. Asset inventory and valuation

    We prepare the full asset inventory: real estate in Valencia city and the province (Horta, coastal municipalities, interior), bank accounts, vehicles, company shareholdings and life insurance policies. We value assets using criteria that the ATCV will accept and that minimise the risk of a value check.

  3. Partition and distribution

    We draft the cuaderno particional distributing assets among the heirs in accordance with the forced shares and the testator's wishes. For real property, we formalise the partition before a notary in Valencia.

  4. Tax settlement and Land Registry

    We file the ISD self-assessment with the ATCV applying the available reliefs. We deal with the plusvalía municipal with the Valencia City Council and handle the Land Registry inscriptions.

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The problem

An estate in Valencia involves navigating the succession tax framework of the Comunitat Valenciana, which has its own rates and reliefs under the Impuesto de Sucesiones (ISD), different from those of other Spanish regions. Many families in Valencia are unaware that the Comunitat Valenciana provides specific kinship reliefs, a main home relief and a family business relief, but does not offer a blanket 99% rebate as Madrid and Andalusia do. Moreover, an estate in Valencia may include property in the Horta, in coastal areas such as La Malvarrosa, or in metropolitan municipalities (Paterna, Mislata, Torrent), each served by a different Land Registry and requiring actions before different authorities. Completing all of this within six months without specialist advice is technically demanding.

Our solution

At BMC we are specialist inheritance lawyers in Valencia with in-depth knowledge of the Conselleria d'Hisenda de la Comunitat Valenciana's rules. We manage the complete process: obtaining succession documents, inventorying and valuing assets, drafting the partition agreement (cuaderno particional), filing the ISD self-assessment with the ATCV (Agència Tributària de la Comunitat Valenciana), dealing with the local capital gains tax (plusvalía municipal) in the Valencia City Council, and completing the Land Registry inscriptions. Where there is a dispute among heirs, we act extrajudicially or before the Courts of First Instance in Valencia.

Process

How we do it

1

Documentation and opening of the estate file

We obtain the certificate of last wills (certificado de últimas voluntades), the certified copy of the will from the Colegio Notarial de Valencia and, where there is no will, we process the intestate declaration of heirs (declaración de herederos abintestato). We identify and communicate all deadlines from the outset.

2

Asset inventory and valuation

We prepare the full asset inventory: real estate in Valencia city and the province (Horta, coastal municipalities, interior), bank accounts, vehicles, company shareholdings and life insurance policies. We value assets using criteria that the ATCV will accept and that minimise the risk of a value check.

3

Partition and distribution

We draft the cuaderno particional distributing assets among the heirs in accordance with the forced shares and the testator's wishes. For real property, we formalise the partition before a notary in Valencia.

4

Tax settlement and Land Registry

We file the ISD self-assessment with the ATCV applying the available reliefs. We deal with the plusvalía municipal with the Valencia City Council and handle the Land Registry inscriptions.

6 months
Deadline to settle the succession tax
ATCV
Tax authority in Valencia
100%
Filings completed on time

When my mother passed away, my siblings and I disagreed about how to divide the apartment in the Ensanche. BMC mediated, explained the ISD reliefs in Valencia, and helped us reach an agreement. The tax was lower than we had expected thanks to the reliefs being applied correctly.

Tomàs Ferrer Heir and engineer, Valencia

Estates in Valencia: regional rules and unforgiving deadlines

The Comunitat Valenciana has legislative competence over the Impuesto de Sucesiones (ISD) and has established its own rates, reliefs and rebates that differ from those of other autonomous communities. Unlike Madrid (99% rebate) or Andalusia (99% rebate for direct heirs), Valencia provides kinship reliefs and asset-type reliefs, but the tax burden can be significant for medium or high-value estates. Understanding this specific framework and filing the self-assessment correctly with the Agència Tributària de la Comunitat Valenciana (ATCV) is essential to avoid tax complications.

At BMC we are specialist inheritance lawyers in Valencia with experience before the ATCV, the city’s Land Registry offices and the Courts of First Instance. We manage the estate from start to finish, ensuring all deadlines are met and every legally available relief is applied.

The ISD in the Comunitat Valenciana: available reliefs

The Comunitat Valenciana applies the national ISD schedule with its own regional modifications. The principal reliefs available in Valencia are:

Kinship relief:

  • Group I (descendants under 21): €100,000 plus €8,000 for each year under 21, up to a maximum of €156,000.
  • Group II (descendants over 21, ascendants and spouse): €100,000.
  • Group III (siblings, uncles/aunts, nephews/nieces): no kinship relief; only the general national relief of €7,993.46.
  • Group IV (unrelated persons): no specific regional relief.

Main home relief: Up to 95% of the value of the deceased’s main home, capped at €150,000, conditional on the heir retaining the property in their estate for five years.

Family business relief: Up to 95% of the value of the family business or shareholdings in family companies that meet the legal requirements (economic activity, family control group, the deceased’s remuneration for management functions representing more than 50% of total net income).

Disability relief: Reduction of between €240,000 and €960,000 depending on the degree of disability.

The ISD rates in Valencia range from 7.65% (on taxable bases up to €7,993.46) to 34% (on taxable bases above €796,577), with multiplier coefficients depending on the heir’s pre-existing wealth and degree of kinship.

The full estate administration process in Valencia

Obtaining documentation: The process begins with the death certificate (from the Civil Registry), the certificate of last wills (from the Ministry of Justice) and the certified copy of the will from the Colegio Notarial de Valencia. If the deceased did not execute a will in Spain, we verify whether foreign wills exist and process the intestate declaration of heirs where necessary.

Asset inventory: Valencia has a diverse property landscape: apartments in the Eixample (Ensanche), El Cabanyal, Ruzafa or Campanar; detached houses in l’Albufera or in the northern metropolitan municipalities (Burjassot, Godella, Moncada); beach apartments at La Malvarrosa, El Saler or El Perellonet. Each zone is served by its own Land Registry and has cadastral particularities that affect ISD valuation.

Partition agreement (cuaderno particional): Distribution of assets must respect the forced shares of the Spanish Civil Code (Valencia has no separate regional succession law): the strict legitim (one third divided equally among all children), the improvement third (for whichever children the testator designates) and the freely disposable third. Where there are disagreements, extrajudicial mediation or judicial partition (división judicial de herencia) are the available routes.

Tax settlement: The ISD self-assessment is filed with the ATCV within six months. The ATCV has offices in Valencia city (Calle Gregorio Gea) and delegations in Alicante and Castellón. All procedures can be completed remotely using a digital certificate.

Plusvalía municipal in Valencia (IIVTNU): The Valencia City Council levies this local tax on the increase in urban land value since the last transfer. Following the Constitutional Court ruling of October 2021 and the reform under RDL 26/2021, the taxpayer may choose between the objective method (coefficients applied to the rateable value) and the actual gain method (difference between acquisition and transfer values), whichever is more favourable.

Inheritance disputes in Valencia: recurring patterns

Apartments in the Ensanche or El Cabanyal: Valencia has seen significant property price appreciation in its historic neighbourhoods and emerging areas such as El Cabanyal-Canyamelar. Apartments with market values considerably above their rateable value create disagreements among heirs who do not wish to sell but cannot buy out the others’ shares.

Farmland and orange groves in the Horta: The Comunitat Valenciana has distinctive agricultural assets. Citrus farms, the rice paddies of l’Albufera and orchards in the inland provinces give rise to estates with complex valuations and heirs with conflicting interests.

Family businesses: Valencia has a diverse business fabric: ceramics (Castellón), footwear (Elche and Alicante province), furniture (La Font de la Figuera), port logistics and export. Estates involving company shareholdings require expert valuations and careful management of the family business relief.

Cross-border elements: The Valencian coast (Alicante, Benidorm, Torrevieja, Gandia, Cullera) attracts both foreign residents and non-residents with second homes. Estates with non-resident heirs or overseas assets require application of the EU Succession Regulation and cross-border tax coordination.

Estates with non-resident heirs in Valencia

Non-resident heirs must comply with exactly the same tax obligations as residents in respect of assets located in Valencian territory. The six-month deadline is the same, as are the late-filing surcharges. The particular issue is that if the deceased was resident abroad, tax competence for ISD over assets in Spain may fall to the Spanish State (through the AEAT Non-Resident Offices) rather than the ATCV, with national rules applying, which may be more onerous than the Valencian regime.

At BMC we represent non-resident heirs before both the ATCV and the AEAT, including designation of a tax representative, obtaining and apostilling documents, and coordinating the Spanish settlement with the heir’s tax obligations in their country of residence. We also advise on the potential application of the wealth tax where inherited assets exceed the Valencian taxation thresholds.

Succession planning in Valencia: reducing the tax impact

The Valencian ISD framework, without the generous rebates of Madrid or Andalusia, makes advance succession planning particularly valuable. Available tools include:

  • Optimised will: Distributing assets to maximise the main home and family business reliefs.
  • Lifetime gifts: Taking advantage of Valencian gift reliefs (50% rebate on gifts of the main home between parents and children, subject to conditions) may be more tax-efficient than leaving the transfer until death.
  • Family company structures: The 95% relief for family company shareholdings is a powerful tool that requires advance planning to meet the legal requirements during the five years preceding death.

At BMC we offer a comprehensive succession planning service for Valencia residents, including a full estate diagnosis, tax modelling of different scenarios, and the design of the most tax-efficient succession structure. A planning session can save heirs tens of thousands of euros in the future.

BMC has representation in Valencia. Visit our Valencia office for local advice.

FAQ

Frequently asked questions

The Comunitat Valenciana applies a kinship relief of €100,000 for Group II heirs (children over 21 and ascendants). For children under 21, the relief is €100,000 plus €8,000 for each year under 21, up to a maximum of €156,000. Unlike Madrid or Andalusia, there is no 99% rebate, so the tax can be significant on high-value estates. The applicable rates in Valencia range from 7.65% to 34% depending on the net taxable base.
The deadline to file the Impuesto de Sucesiones self-assessment with the ATCV is six months from the date of death. A further six-month extension can be requested before the initial deadline expires. Missing the deadline triggers surcharges of between 5% and 20% plus interest. At BMC we monitor all deadlines from the outset.
The heir may accept under benefit of inventory (aceptación a beneficio de inventario, limiting liability to estate assets without exposing personal assets), accept unconditionally (assuming all debts with personal assets as well) or renounce the estate before a notary. Acceptance under benefit of inventory is the most prudent option when there are known debts or uncertainty about liabilities. BMC analyses the assets and liabilities before recommending the most appropriate course of action.
If the deceased did not execute a will, the estate is administered as intestate under the Spanish Civil Code (Valencia has no separate regional succession law). The intestate declaration of heirs is processed before a notary where heirs are descendants, ascendants or the spouse, and before the courts in other cases. Once heirs are declared, the partition and registration process is identical to that for an estate with a will.
Yes. Foreign nationals inheriting assets located in Valencia have the same tax obligations as residents in respect of those Spanish assets. They must file the ISD with the ATCV within six months. If the deceased was resident abroad, tax competence may fall to the Spanish State (not the ATCV) and the applicable rules may differ and be less favourable. BMC represents non-resident heirs before the ATCV and the AEAT.
A will executed abroad that is valid in the country of execution is generally valid in Spain. To use it in Valencia, it must be apostilled or legalised as appropriate and translated into Spanish by a sworn translator. The Spanish certificate of last wills may show no entry even where a valid foreign will exists. BMC handles the validation of foreign wills and their use in Valencia estate proceedings.
The fee depends on complexity: number and type of assets, number of heirs, existence of disputes and cross-border elements. BMC offers a free initial consultation and a fixed fee for uncomplicated estates. For complex or disputed estates, fees are agreed according to the specific circumstances.

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Frequently asked questions

Questions about Inheritance Lawyer in Valencia

The Comunitat Valenciana applies a kinship relief of €100,000 for Group II heirs (children over 21 and ascendants). For children under 21, the relief is €100,000 plus €8,000 for each year under 21, up to a maximum of €156,000. Unlike Madrid or Andalusia, there is no 99% rebate, so the tax can be significant on high-value estates. The applicable rates in Valencia range from 7.65% to 34% depending on the net taxable base.
The deadline to file the Impuesto de Sucesiones self-assessment with the ATCV is six months from the date of death. A further six-month extension can be requested before the initial deadline expires. Missing the deadline triggers surcharges of between 5% and 20% plus interest. At BMC we monitor all deadlines from the outset.
The heir may accept under benefit of inventory (aceptación a beneficio de inventario, limiting liability to estate assets without exposing personal assets), accept unconditionally (assuming all debts with personal assets as well) or renounce the estate before a notary. Acceptance under benefit of inventory is the most prudent option when there are known debts or uncertainty about liabilities. BMC analyses the assets and liabilities before recommending the most appropriate course of action.
If the deceased did not execute a will, the estate is administered as intestate under the Spanish Civil Code (Valencia has no separate regional succession law). The intestate declaration of heirs is processed before a notary where heirs are descendants, ascendants or the spouse, and before the courts in other cases. Once heirs are declared, the partition and registration process is identical to that for an estate with a will.
Yes. Foreign nationals inheriting assets located in Valencia have the same tax obligations as residents in respect of those Spanish assets. They must file the ISD with the ATCV within six months. If the deceased was resident abroad, tax competence may fall to the Spanish State (not the ATCV) and the applicable rules may differ and be less favourable. BMC represents non-resident heirs before the ATCV and the AEAT.
A will executed abroad that is valid in the country of execution is generally valid in Spain. To use it in Valencia, it must be apostilled or legalised as appropriate and translated into Spanish by a sworn translator. The Spanish certificate of last wills may show no entry even where a valid foreign will exists. BMC handles the validation of foreign wills and their use in Valencia estate proceedings.
The fee depends on complexity: number and type of assets, number of heirs, existence of disputes and cross-border elements. BMC offers a free initial consultation and a fixed fee for uncomplicated estates. For complex or disputed estates, fees are agreed according to the specific circumstances.
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