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Whether you are the executor or a beneficiary of an estate with assets in Spain, you must complete the Spanish inheritance process before the assets can be managed or transferred. But how does this work? How long does it take? and most importantly, how much does it cost?

Does Spain have “Probate” like the UK?

Unlike the UK, Spain does not have a court-supervised “probate” procedure. Instead, beneficiaries and executors must complete a Spanish inheritance process (“aceptación y adjudicación de herencia”), which is usually formalised before a Spanish notary public.

How do I carry out the inheritance process in Spain?

The process involves several legal and administrative steps:

1. Gathering documentation. This includes the death certificate, the will (if any), a UK Grant of Probate (if applicable), and a certificate of last wills from the Spanish Central Wills Registry.
   
2. Translation and apostilles. Foreign documents must be apostilled and translated into. Spanish by a sworn translator.
   
3. Applying for a NIE number: All heirs and executors must obtain a Spanish NIE (Tax ID number) to inherit, pay taxes and register assets. This can be done in Spain, via a consulate, or through a legal representative.
   
4. Determining applicable law: Based on EU Regulation 650/2012, even for British nationals, it must be confirmed whether Spanish or foreign succession law applies.
   
5. Valuing the estate: All Spanish-based assets and liabilities must be identified and formally valued.
   
6. Executing the inheritance deed: This is signed before a notary and is necessary to transfer ownership to the heirs.
   
7. Paying inheritance tax: The “Impuesto de Sucesiones y Donaciones” must be paid before assets can be transferred. Rates and allowances vary by region and relationship to the deceased.
   
8. Registering assets: Once the inheritance deed is signed and taxes are paid, property is registered in the Land Registry, and bank accounts can be accessed or closed.

How long does the process take?

In a straightforward case, the Spanish inheritance process can be completed within 3 to 6 months, provided all documents are in order. However, delays are common if documentation is incomplete, heirs are in disagreement, or valuations are complex.

Inheritance tax must be paid within six months of death, unless an extension is formally requested and granted. Late payment may result in penalties and interest.

How much does it cost?

The cost of completing the inheritance process in Spain depends on the estate’s value, complexity, number of heirs, and whether professionals are involved. Typical costs range between 5,000€ and 12,000€, though large or complex estate may cost more. Here’s a breakdown:

• Legal fees: 1-2% of the estate value, with minimum fees for small estates.
• Translation and apostilles: Approx. 50€-150€ per document.
  
• Spanish inheritance tax: Varies widely by region. Spouses and children may benefit from generous allowances (e.g. in Andalusia or Madrid), while distant relatives may face higher rates.
  
• Land registry and local taxes: Approx. 600€ – 1000€ for Land Registry fees, plus plusvalía tax (local capital gains tax) based on the increase in the property land value since acquisition.
  
• Notary fees: Typically 800€ – 1600€, depending on the number of parties and asset value.
  
• Other costs: Property valuations (400€ – 800€); Powers of Attorney; if heirs are abroad (150€ – 300€)
  

What happens to jointly owned property when someone dies in Spain?

If jointly owned property is held in “proindiviso” (common in Spain), the deceased’s share does not automatically pass to the surviving co-owner. It becomes part of the estate and must go through the inheritance process before it can be transferred to the rightful heirs.

Can I sell a Spanish property before completing the inheritance process?

No. Under Spanish law, heirs must first complete the inheritance process and be registered as owners before the property can be sold. Buyers and notaries will require proof of ownership and tax compliance. Attempting to sell before completion may block the transaction.

Can next of kind or an executor withdraw money from a Spanish bank account?

No. Spanish banks freeze the deceased’s accounts until the inheritance process is finalised. However, direct debits such as utility bills or mortgages payments may continue to be paid by the bank. Only after completing the inheritance process can the funds be released to the heirs.

Are UK wills recognised in Spain?

Yes. UK wills are recognised, provided they are property legalised and meet formal requirements. The will and Grant of Probate must be apostilled and translated into Spanish by a sworn translator. However, the will must still go through the Spanish inheritance process to take legal effect over assets in Spain.

Does a UK will override a Spanish will?

Not necessarily. If the UK will expressly revokes all previous wills, including any Spanish ones, it may take precedence. Of it is silent on foreign assets, the Spanish will may still apply to Spanish property. Legal advice is essential to ensure the documents are not contradictory.

What is forced heirship in Spain?

Forced heirship (“legítima”) is a rule under Spanish succession law that reserves a fixed share of the estate for certain close relatives, usually children. At least two-thirds of the estate may be reserved, depending on the region. However, non-Spanish nationals can usually opt for the law of their nationality to bypass forced heirship, under EU Regulation 650/2012.

If you need assistance with a Spanish inheritance process or have questions about how it works, please do not hesitate to contact us for expert legal support.