What is 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.

Spanish Probate

Navarro Simón Lawyers will carry out all of the necessary legal and administrative formalities in Spain on behalf of the heirs and beneficiaries to ensure that an estate in accordance with Spanish law.

What’s included in our service:

  • Preparation of a suitable Spanish Power of Attorney to assist beneficiaries with formalities in Spain.
  • Undertake Public Registries Searches of assets in Spain.
  • Obtain Spanish Last Will Certificate and Insurance.
  • Application for Spanish Tax Number (N.I.E) on behalf of Beneficiaries.– Inheritance Tax Planning.
  • Dealing with Spanish Banks to transfer funds into Beneficiaries
  • Preparation and filing Inheritance Tax (IHT).
  • Dealing with property ownership transfer into Beneficiaries.
  • Preparation and filing Local Land Tax Return.

We are ideally placed to coordinate and reconcile the requirements of the English/foreign law applicable to the inheritance and the procedure and law in Spain.

We deliver prompt, efficient and competitively-priced services. Aided by our expert knowledge of the procedures and documentation in both Spain and the UK, we know the areas where ‘conflicts’ of law arise and how to overcome these, thus avoiding unnecessary delay and expense. We have worked with clients in Ireland, Australia, New Zealand, Canada, California, New York and across the United States and all countries throughout the Commonwealth and beyond.

We provide services throughout mainland Spain and the Canary and Balearic Islands.

Spanish Probate and Inheritance Lawyers

How We Help

We deal with the process of winding up the deceased’s estate and transferring property in Spain into the names of the heirs.

Guide you through the process in Spain of administering and disposing of the Spanish estate. Whether the deceased left an English or Spanish Will, or died without leaving a will, we assist with the efficient winding up of the Spanish estate and distribution of the property to the beneficiaries.

Deal with notaries, banks and land registrars concerning issues of foreign law posed by the inheritance, as well as with practical matters such as the location of assets, negotiations
with the other heirs or claimants, payment of inheritance tax in Spain for non residents and the final distribution of the Spanish property to the beneficiaries or sale and division of the proceeds.

We deal with both contentious and non contentious probate proceedings.

Expertise in multi-jurisdictional estates where assets may be located in Spain, the UK and often, in third country jurisdictions, such as the ………., where we advise and coordinate probate procedures and inheritance tax issues in the various jurisdictions.

Legal advice on how to minimize your tax liability in respect of UK and Spanish inheritance tax.

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