Succession and Probate in Spain

Spanish probate and administering an estate or receiving an inheritance in Spain can be doubly difficult in cases where the deceased died without leaving a will.  It can be incredibly daunting to approach the problem and many people have problems knowing where to start.  

If you have been named in a Will where there are assets in Spain, or if you are administering an estate with assets in Spain, you will find our guides to succession and Spanish probate to be invaluable.  Inheriting assets and administering estates can be a difficult process when Spanish assets are involved.  
 
The difficulty of navigating legal processes can be compounded by having to grapple with an unfamiliar language and legal system.  Spanish inheritance law means that administering an estate or receiving an inheritance in Spain can be doubly difficult in cases where the deceased died without leaving a will.  It can be incredibly daunting to approach the problem and many people have problems knowing where to start.  
 
Whether you are named in a Will or you believe that you are entitled to a share of the estate of a deceased person, it is important to obtain independent legal advice in order to realise any interest that you may have.
 

At E&G Solicitors in Spain we have been advising clients in relation to all aspects of inheritance in Spain for over 17 years.  We have advised clients inheriting all manner of assets across Spain, from Alicante to Zaragoza and almost everywhere in between.

Our team of professionals is dedicated to making your experience of inheriting assets in Spain as stress free as possible.  You can meet the team here.

Our Succession and Probate in Spain pages contain a wealth of information about inheriting assets in Spain, including how the process works where the deceased left a will and how the process works where the deceased did not leave a will.  We have provided some comprehensive information about inheritance tax in Spain and a handy glossary of Spanish legal terms you are likely to come across during the process of inheriting assets or administering an estate in Spain.  We also have a number of video guides to inheriting assets in Spain which you can find below.
 

How long does probate take in Spain?

This depends on the size of the inheritance and the number of beneficiaries.
 

What does Spanish probate actually mean?

Spanish probate is the process of inheriting assets in Spain left to you in a Will or left to you because you have a legal right. 
 

What happens to my property in Spain if I die?

If you die without having made a Will, this means that your estate is “intestate”.  Your assets pass according to a fixed set of rules called the rules of intestacy, whereas if you do make a Will then the property passes according to your wishes, as set out in your Will. 
 

Cost information

In relation to the administration of Spanish estates, the work that we carry out in each matter and the fees and disbursements that we charge vary considerably.  We will be happy to provide you with an estimate of our fees and disbursements if you contact us.

By way of example, the following work to be undertaken in respect of the administration of a Spanish estate, whereby there is a sole beneficiary named in a Spanish will and the Spanish estate comprises one Spanish property and one Spanish bank account:

  • Applying for a certificate of last will in Spain

  • Obtaining formal authority from you to administer the estate

  • Applying to the Notary for a copy of the last Spanish will 

  • Obtaining a valuation of the Spanish property

  • Communicating with the Spanish bank

  • Preparing the acceptance of inheritance documentation

  • Attending at the Notary’s office to sign the documentation accepting the inheritance

  • Preparing documentation to submit to the Spanish Tax Agency and paying any taxes on your behalf

  • Obtaining the release of funds from the Spanish bank account

  • Registering the property in your name

  • Transferring to you the funds received from the bank account

The likely fee in relation to an estate of that description would be £3,500 to £4,000 plus VAT and disbursements.

The disbursements will include inheritance tax, which must be calculated on a case by case basis, in addition to the following:

Notary’s fee of approximately €950 to €1,000
Property registry fee of approximately €500 to €550
Miscellaneous costs of approximately €400

The administration of an estate of the type described above may take two to four months to complete, or more if complexities arise.

Either Josep Grau or Jonathan Eshkeri will have conduct of the matter.  They may delegate elements of the matter to colleagues, who have considerable experience of the administration of Spanish estates.

If you have any questions or if you require assistance with inheritance in Spain, please do not hesitate to contact us.  You can contact us by telephone at 020 3478 1420, by email at info@solicitorsinspain.com or by completing our contact form

Testimonials

We appointed E&G Solicitors in Spain as our Spanish fiscal representatives to administer all Spanish estates and assets left to us in Wills. We find their approach pragmatic and helpful. They deal with matters promptly and with professionalism and have enabled us to overcome complexities in the Spanish legal system that we struggled with prior to their involvement. We value our association with Eshkeri & Grau and I have no hesitation in recommending them.

Patrick Latham, Legacy Manager, Cancer Research UK