Spanish Probate Services
Spanish Probate is the legal process of organising and administering a deceased’s estate in Spain and distributing as inheritance, after paying taxes and debts, to heirs/beneficiaries. Distribution to beneficiaries can take place in accordance with the terms of the deceased’s last valid UK or Spanish Will or under the rules of intestacy if there isn´t a Will.
If you are a beneficiary or an heir of an estate in Spain and are looking for help with Spanish Probate to distribute the assets, contact our Spanish Probate Solicitors for a quote on +44 (0)20 7936 9668 (UK) or +34 952 862 227 (Spain) or complete our online enquiry form.
"I Contacted BCP Law firm in 2020 after the passing of my Grandmother. I was lucky enough to speak to Nicola, she is such a lovely person and was absolutely amazing throughout. I´ve never dealt with this situation before and she was really reassuring and was always available for any questions I had. I would have no doubt if in the future I would return again when needed. Thank you so much for making such a difficult situation much easier." - Claire
Unlike in the UK, in Spain, there is no need to apply for a Grant of Probate and therefore heirs or beneficiaries can deal with the Spanish Probate themselves, however, if executors are appointed in the UK then they have a legal duty to deal with the deceased’s assets in Spain. The Estate´s Spanish assets can only be assigned to heirs/beneficiaries once all of the Spanish legal formalities have been fulfilled and taxes have been paid.
Inheritance Taxation may vary from one region in Spain to another region and therefore it is important to know the relevant exemptions and nil rate bands available to heirs/beneficiaries in order to calculate IHT on death. Also, there are strict deadlines to submit IHT returns within the tax authorities and an extension is only granted if an application is filed on time.
When a person dies owning property in Spain, the estate must be distributed in accordance with the terms of their Will and all matters associated with the distribution need to be attended to in accordance with Spanish law. Spanish Probate Solicitors can help you with all the necessary steps to ensure that the process is as straightforward as possible at this difficult time.
Although the Probate process remains largely the same, the tax responsibility can differ from region to region. We can deal with the distribution of an estate into the names of the Beneficiaries anywhere in Spain, including the Balearic Islands and the Canary Islands.
Spanish Probate Solicitors is here to help you with all of the probate process and formalities in Spain. We outline a detailed list of all our services and how much it costs. We've also put together a list of commonly asked questions that can help you further.
After all of the legal processes are completed and the Beneficiaries decide they wish to sell an inherited property, Spanish Probate Solicitors would also be able to assist you with the marketing, subsequent sale and conveyancing process through our sister company, Solicitors Property Shop. Please ask for further information or go to www.sps-spain.com.
The Spanish Probate Process
Step 1. If there is a Will
Where there is a Will an estate can be distributed in accordance with the terms of that Will reflecting the wishes of the deceased.
Step 2. Application to Spanish Wills Registry to obtain Certificate of Last Will
In order to establish if a Spanish Will has been made, an application must be made to the Spanish Wills Registry to obtain a document called “Certificate of Last Will” which confirms the date of the last Will signed by the deceased and the details of the Notary who dealt with it.
Step 3. Obtain copy of the Will
Apply for the original Will, setting out details of the Beneficiaries who can then commence the process for the distribution of the Spanish estate.
Step 4. Change the assets
Complete the process at the Notary Public and public registries to change the assets into the names of the Beneficiaries.
FAQs
Do you need both a UK and Spanish Will if you own property in Spain?
It is recommended that you have a Spanish Will to deal with your assets in Spain to ensure that matters can be dealt with as quickly and efficiently as possible. An estate can be dealt with under a UK Will, however the process is much more complex and can take much longer to administer. Spanish Probate Solicitors can help in drafting a suitable Spanish Will and assist you with its execution either in the UK or Spain.
Do I need to travel to Spain to deal with Probate?
No. Probate can be dealt with by way of a suitable Power of Attorney on behalf of the beneficiaries or heirs. Spanish Probate Solicitors can arrange a Power of Attorney, which is executed in the UK, in order that your appointed representative can deal with all associated matters in Spain.
What does Power of Attorney mean?
A Power of Attorney is a document that grants an appointed representative the authority to deal with matters on behalf of the person appointing them. In the case of dealing with Spanish Probate, the Power of Attorney enables the representative to communicate, correspond and undertake all the necessary actions in Spain in order that an estate can be distributed as quickly as possible to beneficiaries or heirs. Spanish Probate Solicitors can assist you in drafting a suitable power of attorney for Probate purposes.
What happens if there is no Will?
If there is no Will, the deceased is deemed to have died ‘intestate’. The process of dealing with an intestate estate is complex and the right of any beneficiary or heir must first be proved. Spanish Probate Solicitors can assist you with all of the legal formalities in this regard.