SPANISH PROBATE LAWYERS FOR UK AND INTERNATIONAL FAMILIES

Losing a loved one is hard enough. Having to deal with their property, bank accounts and other assets in Spain – in a different language and under a different legal system – can make it feel overwhelming.

At Gascón Bernabéu Abogados, our English-speaking probate lawyers handle the entire Spanish inheritance process for you, from start to finish. In most cases, you will not need to travel to Spain at all.

Book a free consultation · Call +44 (0)20 3137 1320 · info@gbabogados.co.uk

Do I need to go through probate in Spain?

Spanish probate (known locally as the inheritance process or aceptación de herencia) must be completed in Spain, as well as in the deceased’s home country, if:

• the deceased owned any assets in Spain – a property, a bank account, a car or shares, or
• the deceased lived in Spain.

Until the inheritance has been formally accepted before a Spanish notary and the inheritance tax has been paid, the beneficiaries cannot sell the property, transfer it into their names or access the Spanish bank accounts.

How Spanish probate works: step by step

1. Free initial consultation – we review your situation, explain the process, estimate the inheritance tax and give you a clear quote.
2. Power of Attorney – we draft a Power of Attorney that you sign at a notary in the UK or your home country. This allows our lawyers to act on your behalf in Spain, so you don’t have to travel.
3. Tax identification – we arrange the tax identification every beneficiary needs in Spain, as part of the inheritance process.
4. Documents and certificates – we obtain the Spanish Certificate of Last Wills (to confirm whether a Spanish will exists), the death certificate, land registry information and bank certificates.
5. Will or no will – if there is a Spanish will, we apply it. If there is only a UK will, we arrange the required legalised documents, such as the Grant of Probate and an affidavit of law. If there is no will, we follow the intestacy rules.
6. Inheritance tax – we calculate and file the Spanish inheritance tax return and the municipal capital gains tax (plusvalía), applying every allowance available in the relevant region.
7. Probate deed – we prepare the inheritance deed and sign it before a Spanish notary on your behalf.
8. Transfer and distribution – we register the property in the beneficiaries’ names, close or transfer the bank accounts and distribute the funds. If you want to sell, we can also handle the sale.

How long does probate take in Spain?

Every case is different. The timeframe depends on factors such as the number of beneficiaries, whether there is a will, properties in different regions or outstanding debts. Once we have reviewed your case, we will give you a realistic estimate and keep you informed at every stage.

Important deadline: Spanish inheritance tax must be filed within six months of the date of death. An extension can be requested, but only within the first five months – so it’s worth getting advice early.

Spanish inheritance tax for non-residents

Inheritance tax in Spain is paid by the beneficiaries, not by the estate, and depends on the value received, the relationship with the deceased and the region where the property is located. Non-residents can now benefit from the same regional allowances as Spanish residents, which in many regions significantly reduces – or even eliminates – the tax for close family members.

We calculate the tax as part of your free consultation, so you know where you stand before you commit.

Documents usually needed

• Death certificate (legalised and translated if issued abroad)
• The will(s) – Spanish and/or foreign
• Passport copies of the beneficiaries
• Details of the Spanish property and bank accounts
• If the deceased had only a UK will: Grant of Probate (apostilled)

Don’t worry if you don’t have everything – locating and obtaining documents is part of our service.