A practical sequence for heirs after an owner dies: documents, apostille and translations, local notary or lawyer, tax clearance, land registry change, selling or keeping.
When the owner of a flat abroad dies, the heirs face a process in a foreign language, with a foreign registry and often under time pressure. The details differ by country, so this is a generic sequence with examples. Treat the examples as hypothetical and verify them locally. This is general information, not legal advice.
Before anything else: collect the facts
Gather what you can find: the title deed or registry extract, the purchase contract, the property address and registry number, any will, names of the local lawyer or developer, the utility and tax accounts and the bank accounts that pay running costs. If you do not know exactly what the deceased owned, a local lawyer can request an extract from the land registry. Tell the property manager or tenants, if any, who to contact.
Step 1. Documents
Typically needed (the exact list depends on the country):
- The death certificate. For use abroad it often needs an apostille or legalisation. Within the EU there is a simplified system for public documents (Regulation 2016/1191, with multilingual standard forms), and for countries outside the EU the Hague Apostille is usual. Ask the local notary what exactly they accept. Hague Conference: apostille section.
- Proof of who the heirs are: a will, a court ruling or notarial certificate of inheritance, or, within the EU, the European Certificate of Succession (see the EU Succession Regulation).
- Heirs' identity documents and proof of family relationship (birth and marriage certificates), also with apostille if requested.
- Sworn or notarised translations into the local language. Do not translate before you know the registry's requirement, because some registries accept only translators from their own list.
Step 2. A local notary or lawyer
Hire a lawyer or notary in the country where the property is. In several countries a notary is central to the transfer, in others a court issues the inheritance order. A power of attorney lets you act without travelling, but the form (notarised, apostilled, translated) is set by the local law. See also buying property abroad remotely, where the same power-of-attorney logic applies.
Step 3. Taxes and clearances
Two questions: what tax is due on the inheritance, and are there unpaid charges on the property. Check the local inheritance tax (see inheritance and gift tax on property abroad), any deadline for filing, unpaid property tax, utility debts, community or service fees, and the mortgage if one exists. In some countries the registry will not change the owner until a tax clearance or proof of payment is presented. An heir living in another country may also have to report the inheritance at home: for a Polish resident in the zero group that means form SD-Z2 within six months, as we describe in the tax article.
Step 4. Land registry change
With the certificate, documents and tax proof, the notary or lawyer files the application to register the heirs. Co-heirs normally register jointly in proportion to their shares, unless a will or agreement says otherwise. A hypothetical example: three siblings inherit a flat in equal shares; they either register as co-owners or agree that one buys out the others, which then needs a separate transfer and possibly new taxes.
Step 5. Keep, sell or rent
Keeping. You will need to continue paying running costs, insurance and local property taxes. Review the lease if the flat is let. Keep the utility contracts in someone's name.
Selling. The heir normally sells after being registered. Capital gains tax rules depend on the country; see our guides, for example on Spain or Dubai. Foreign heirs may also face a sale-proceeds withholding in some countries; ask a local adviser.
Renting. Income is taxed as rental income, see tax on foreign rental income.
How long does it take
There is no universal figure. A simple case in a country with a swift notarial system can take a few weeks to months, while a disputed estate, a missing will, a court procedure or a non-EU registry can take much longer, sometimes more than a year. Plan for months, not weeks, and do not count on a sale date before registration is finished. We cannot give an official timeline for any specific country.
Country examples (hedged)
- Spain, Italy, France: the notary issues the deed of acceptance of inheritance and the registry is updated afterwards; each has its own tax filing deadline, which you should check immediately after the death.
- Turkey, Thailand, Georgia, UAE: expect a local court or registry process, local translations and, in the UAE, a will registered in the emirate (see our article on wills).
These are general patterns, not confirmed procedures for each country.
A short checklist for the first weeks
In the first weeks, order several certified copies of the death certificate, because each registry may keep one. Find out the local tax filing deadline at once, since it can run from the date of death. Do not sign a sale agreement, a power of attorney or a settlement with co-heirs before a local lawyer has read it. Keep every receipt and every document with its translation, so that costs can be shared fairly between heirs later. If an heir lives far away, agree early who will be the contact person for the lawyer and the registry.
FAQ
Do I need to travel? Often not, if you give a proper power of attorney to a local lawyer, but this depends on the country and the registry.
Is the apostille always needed? Not always. It depends on the countries involved and the type of document. Ask the local notary first.
Who pays the costs? Usually the heirs, from the estate or personally. Ask for a written cost estimate.
What if there is no will? Intestacy rules of the applicable law decide who inherits. See the EU Succession Regulation article.
Can I sell before registration? Normally not; the registry needs the heirs recorded first.
What if the property has a mortgage? The debt passes with the estate, and the bank must usually be informed. Ask the lawyer about the options.
How we help
We are a trilingual platform that finds properties abroad and coordinates independent local lawyers and tax advisers, including for heirs who want to keep, rent or sell. This text is informational and is not legal, tax or investment advice; rules and timelines change, so verify them with a qualified local lawyer.