Can I inherit in Spain if someone dies without a will?

Losing someone is hard enough without having to navigate complicated legal procedures in another country. If your loved one passed away in Spain without leaving a will, their estate must go through the intestate probate process. This process can feel overwhelming, especially if you’re based in the UK and unfamiliar with Spanish legal procedures.

At Gascon Bernabeu, we assist UK families through this exact situation every day. We understand how challenging it can be to manage inheritance, property, and financial matters in Spain while coping with the loss of a loved one. Here’s a guide to what intestate probate involves and how we can support you through it.

What is intestate probate in Spain?

Intestate probate happens when someone dies without leaving a will. In simple terms, this means that there is no official document outlining how they want their money, property, or belongings to be shared after they pass away. In Spain, if someone dies intestate, the law decides who inherits what. Usually, close family members such as children, a spouse, or parents are first in line. Other relatives may also have a right to a share, depending on the family situation.

Even if your loved one spoke about their wishes or made informal arrangements, these won’t be legally recognised unless they were written down in a valid will. This can be frustrating or upsetting for family members, but the rules are there to provide a clear framework for distributing the estate fairly.

For families living outside Spain, such as in the UK, intestate probate can feel especially complicated. There are specific Spanish procedures that must be followed, which are different from how things are done in the UK, and documents often need to be in Spanish or handled through local authorities.

Getting some guidance from a solicitor who speaks English and understands both Spanish and the law, and the challenges of managing an estate from abroad, can make the process much less stressful. An English-speaking solicitor can help you understand who the legal heirs are, explain what steps need to be taken, and make sure everything is done correctly according to Spanish law.

Steps in the intestate probate process

Before the estate can be divided among the heirs, there are several important steps that need to be completed. These steps make sure that everything is handled fairly and according to Spanish law. Following these steps also guarantees that all debts are settled and the remaining assets are distributed properly to the people entitled to inherit. The process typically works as we’ve laid it out below.

1. Identification of heirs

The first step is to identify the legal heirs. Spanish law determines inheritance based on family relationships, prioritising children, spouse, parents, and other relatives. Obtaining copies of the deceased person’s birth certificate, marriage certificate, and any other relevant documents is usually necessary.

2. Appointment of a legal representative

Once the heirs are identified, it is advisable to appoint a legal representative in Spain. This representative can act on behalf of the heirs, liaising with authorities, notaries, and banks to ensure the process proceeds smoothly.

3. Inventory of assets

A complete inventory of the deceased person’s assets is created, including property, bank accounts, investments, vehicles, and other valuable possessions. Accurate documentation is essential, as it forms the basis for both debt settlement and asset distribution.

4. Payment of debts

Before heirs can receive any inheritance, all outstanding debts and liabilities of the deceased must be settled. This includes mortgages, loans, taxes, and any other legal obligations.

5. Distribution of assets

After debts are paid, the remaining estate is distributed according to Spanish intestate succession laws. The process is overseen by a notary and often requires the signatures of two witnesses who knew the deceased. These witnesses confirm the legal status of heirs and help ensure the process is transparent.

How we can help

Navigating intestate probate in Spain can be confusing and time-consuming, especially while you are grieving. Our team of experienced English-speaking solicitors has guided UK families through this process for years and can help every step of the way.

We can identify the legal heirs and explain Spanish succession laws, appoint and liaise with a legal representative in Spain, prepare an inventory of assets and manage debt settlement, oversee the fair distribution of assets, and handle all communication with notaries, witnesses, and authorities.

We’ll make the process as straightforward as possible, so you can focus on your family while we take care of the legal matters.

If you have any questions or would like to speak to a member of our team, we offer free, no-obligation consultations. You can give us a call on +44 (0)20 3137 1320, email us at info@gbabogados.co.uk, or use the contact form on our website to ask any questions, and we’ll get back to you.