Spanish Probate Procedure: How We Can Help You Manage Inherited Spanish
Assets
If you are a British citizen dealing with the inheritance of assets in Spain, it can feel
overwhelming to navigate the legal system of a foreign country. Spanish inheritance
laws differ significantly from those in the UK, and the Spanish probate process can involve
complex paperwork, tax regulations, and legal procedures. This guide will explain
how Spanish probate works and how we, based in the UK, can help you manage this
process without needing to travel to Spain.
Why Is Spanish Probate Different?
Unlike the UK, Spain has its own unique set of inheritance laws and procedures. If
you have inherited property or assets in Spain, you must deal with the Spanish
probate process, regardless of where you live. Spanish probate is required for all
assets located in Spain, even if the deceased was a British citizen.
Key Differences to Be Aware Of:
- Forced Heirship: Spanish law mandates that a certain percentage of an
estate must be inherited by close relatives (spouses, children, etc.),
regardless of what a will states. This can be a surprise for British citizens, who
are used to the freedom of leaving their assets to whomever they choose.
This is why it is important to make sure you obtain legal advice as soon as
possible when you decide to invest in Spain. - Inheritance Tax: Spain’s inheritance tax rules differ significantly from those in
the UK. Each region in Spain has its own tax rates and allowances, and non-
resident beneficiaries may face higher tax rates. - Language Barrier and Legal Systems: The Spanish legal system operates
differently from the UK’s, and all probate documents will need to be in Spanish
or officially translated.
Spanish Probate Procedure for British Heirs
Here’s a breakdown of some of the steps involved in the Spanish probate process,
which we can manage for you entirely:
1. Obtaining a Death Certificate
The first step is to obtain an official death certificate from Spain or the UK. If the
death occurred in the UK, the certificate must be translated and legalised (apostilled)
for use in Spain.
2. Verifying the Will
If the deceased left a Spanish will, it will need to be registered with the Spanish
Registry of Wills (Registro de Actos de Última Voluntad). If the will was made in the
UK, a Grant of Probate from the UK must be obtained, translated, and then legalised
for use in Spain.
If there is no will, it will be necessary to establish which intestate rules will apply.
3. Appointing a Legal Representative
As a British citizen inheriting Spanish assets, you don’t have to deal with Spanish
legal authorities directly. We can act as your legal representative in Spain, handling
all communications with Spanish notaries, tax authorities, and registries on your
behalf.
4. Assessing Assets and Liabilities
Before distributing the inheritance, we will work to value of the deceased’s Spanish
assets (property, bank accounts, etc.) and any outstanding registered debts, such as
mortgages or loans.
5. Inheritance Tax Compliance
Spanish inheritance tax (Impuesto sobre Sucesiones) must be calculated and paid
within six months of the death, or penalties may apply. This tax can be significantly
higher for non-residents, and the rates vary by region. We will handle all the
necessary tax filings, ensuring you comply with Spanish tax laws and avoid
unnecessary penalties.
6. Transferring Assets
Once the taxes are paid, we will arrange for the transfer of the deceased’s property
or assets to you, the heir. If you inherit real estate, it must be registered in your name
at the local Spanish Land Registry (Registro de la Propiedad). We can manage this
process entirely for you.
Why You Should Choose Us For Your Spanish Probate
Expertise in Both UK and Spanish Law
Our team specialises in handling cross-border inheritance matters between the UK
and Spain. We understand the complexities of both legal systems and can guide you
through every step of the probate process, ensuring that all requirements are met.
Save Time and Avoid Stress
Furthermore you do not have to travel or deal with Spanish legal authorities directly, we take care
of everything, from liaising with Spanish professionals, notaries, so you can focus on
what matters most during a difficult time.
Transparent Communication
After all we are based in the UK and speak your language, making it easier for you to
understand the process and stay informed. We’ll keep you updated at every stage,
explaining the probate process in clear terms, so you never feel lost or confused.
Legal Support Tailored to Your Needs
Whether you are inheriting property, bank accounts, or other assets in Spain, we
offer tailored legal services to meet your specific needs. Whether it’s transferring
ownership, selling property, or managing other assets, we can help you make
informed decisions every step of the way.
Contact Us Today
In the meantime, if you have inherited Spanish assets and are unsure how to handle the probate
process, we are here to help. Based in the UK, we specialise in managing Spanish
probate cases for British citizens, ensuring the entire process is handled smoothly
and efficiently.
Get in touch today for a consultation, and let us handle the Spanish legalities for you
so that you can inherit your Spanish assets with peace of mind.
By entrusting us with your Spanish probate needs, you can rest assured that
we’ll manage the entire process on your behalf, from start to finish, with the
professionalism and expertise you need during this challenging time.