The recording or registration of Spanish assets in the Land Registry and other public registries as well as the legal requirements for such inscriptions, will be under Spanish law, regardless of which is the applicable law to the succession.

The inscription in the Land Registry requires an authentic copy of the last will or the “declaración de herederos” if no will was made, or the “certificado sucesorio europeo”. Moreover, for immovable assets, one of the following is required:

• A public deed, authorised by a public notary, and made by all the inheritors and the surviving spouse, or a court settlement if a judicial proceeding has been started, or a judicial resolution if no settlement has been reached in the sharing out of the estate.
• A public deed authorised by a public notary. A private document is sufficient if there is only one heir and there are no other interested parties.
• A public deed authorised by a public notary made by the heirs giving the bequeathed assets to the legatee.
• A public deed authorised by a public notary made by the contador partidor appointed by the testator, distributing the assets among the heirs and/or giving the bequeathed assets to the legatee.
• A disposition upon death in which the testator distributes all the assets between the interested parties , or authorises the legatee to take the bequeathed assets for himself or herself.

In all cases regarding assets owned jointly by the deceased and his or her partner, it is necessary to share out that joint ownership between the heirs and the widow / widower or between the widow / widower and the contador partidor, if the testator has appointed one.