Need Help with Spanish Probate?
If you’ve inherited property or assets in Spain, Spanish Legal can help.
We offer expert legal support to UK residents dealing with Spanish probate and inheritance law.
What Is Spanish Inheritance (Probate)?
When someone dies owning property or assets in Spain, their estate must go through the Spanish inheritance process, commonly referred to as probate. Unlike the UK system, Spanish probate has different legal principles, timelines, and tax responsibilities. Even if the deceased was a UK national, Spanish law applies to Spanish assets. This can be overwhelming, especially for grieving families unfamiliar with local regulations. Spanish Legal helps bridge this gap, offering clarity and trusted legal support.
You may need to deal with Spanish inheritance law if:
You need help with transferring ownership, paying taxes, or handling formalities with Spanish banks and authorities
You’ve inherited a property, bank account, or other assets in Spain
There is a UK or Spanish will involved, or no will at all
How Does Spanish Inheritance Work for UK Citizens?
For UK families, Spanish inheritance law can be confusing. Spain applies its own civil law system, which often includes forced heirship rules. This means assets must be distributed in a set order to specific family members, regardless of the will’s instructions — unless a properly worded foreign will has been recognised.
If a UK resident passes away and owns Spanish property, their heirs must:
- Identify if there is a valid Spanish or UK will.
- Obtain official translations and an Apostille for UK documents.
- Apply for NIE numbers for beneficiaries.
- Pay inheritance tax (within 6 months of death).
- Appear before a Spanish notary to accept the inheritance.
- Register the transfer with the Land Registry.
Spanish Legal handles all of this on your behalf, ensuring every step is compliant, timely, and stress-free.
How Spanish Legal Can Help You
Handling Spanish inheritance from abroad can be time-consuming and confusing. Spanish Legal is here to simplify the process. We act as your legal representative in Spain, dealing with authorities, banks, and notaries on your behalf. We provide a complete, end-to-end service, ensuring your inheritance process is handled professionally, compassionately, and in full compliance with Spanish law.
Our probate and inheritance services include:
Reviewing UK and Spanish wills
Spanish Legal carefully reviews both UK and Spanish wills to ensure they are legally valid, consistent with each other, and acceptable under Spanish inheritance law. If there’s no Spanish will, we assess how the UK will may be applied and advise on any additional documentation required. This helps avoid conflicts, delays, and legal complications, giving beneficiaries peace of mind during an already difficult time.
Obtaining NIE numbers for beneficiaries
An NIE (Número de Identificación de Extranjero) is required for any beneficiary inheriting assets in Spain. Spanish Legal handles this process on behalf of each heir, whether they are in the UK or abroad. We prepare all necessary documents, manage appointments, and work with local authorities to ensure NIEs are issued as quickly and smoothly as possible.
Legalising and translating UK documents
When dealing with Spanish inheritance, key UK documents such as death certificates, wills, and probate grants must be officially translated into Spanish and often require an Apostille stamp to be recognised by Spanish authorities. Spanish Legal takes care of all legalisation and certified translation requirements, ensuring that every document meets the strict standards of Spanish notaries and registries.
Calculating and submitting inheritance tax forms
Spanish inheritance tax laws can be complex and vary by region. We calculate each beneficiary’s tax liability accurately and prepare all required tax forms, including Modelo 650 or 660. Spanish Legal ensures taxes are filed within the legal deadlines, helping to avoid fines and reduce the financial stress on grieving families.
Coordinating notary appointments and property registration
In Spain, accepting an inheritance and transferring property ownership must be done before a notary. Spanish Legal coordinates all notary appointments, ensuring beneficiaries are properly represented, either in person or through power of attorney. Once the inheritance is formally accepted, we handle the registration of the property or assets with the relevant Spanish Land Registry or authorities.
Understanding Spanish Inheritance Tax
Spain’s inheritance tax system differs significantly from the UK. It is paid by each individual beneficiary, not the estate. Rates and allowances vary depending on your relationship to the deceased and the autonomous region where the assets are located.
Some regions offer generous exemptions, while others do not. For example:
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Spouses and children often benefit from reduced rates or higher allowances.
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Non-relatives may pay higher percentages and receive fewer exemptions.
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Tax bands range from 7% to 34%, depending on asset value and relationship.
The tax must be paid within six months of the date of death, although a short extension can be requested in advance.
Spanish Legal calculates your tax liability and ensures all forms are filed correctly and on time to avoid fines.
How to Reduce or Avoid Spanish Inheritance Tax
While tax is inevitable, there are legitimate ways to reduce the burden with forward planning. These include:
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Drafting a Spanish will that clarifies your intentions and legal jurisdiction
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Gifting assets during your lifetime (within legal allowances)
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Using “usufruct” arrangements (life-use of a property)
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Structuring ownership to ensure optimal tax treatment
Each strategy depends on individual circumstances. Spanish Legal provides bespoke inheritance planning tailored to your family and financial goals.
Why choose us?
With decades of experience helping UK families manage Spanish inheritance matters, we make the probate process straightforward, legally compliant, and stress-free.
Our service includes:
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Handling all legal paperwork and tax submissions
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Providing certified translations and legalisations as required
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Representing you in Spain, so you don’t have to travel
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Keeping you informed at every step with clear, compassionate support
Spanish Probate & Inheritance FAQs
The following are typical questions our clients have when enquiring about Spanish probate & inheritance.
How does Spanish inheritance work for UK citizens?
If a UK national owns property or assets in Spain, those assets must go through Spanish probate. Spanish inheritance law — including forced heirship — applies, and beneficiaries must complete a legal process involving notaries, tax authorities, and property registries. Spanish Legal manages this process on your behalf to ensure it’s done correctly and efficiently.
Do I need a Spanish will?
It’s strongly recommended. A Spanish will simplifies the inheritance process for your loved ones and helps avoid delays, additional costs, or legal disputes. It works alongside your UK will, provided they’re drafted carefully to avoid contradictions. Spanish Legal can help you create or review your Spanish will for full legal clarity.
What happens if I inherit a property in Spain?
You’ll need to formally accept the inheritance through a Spanish notary, pay any inheritance tax due, and register the property in your name. Spanish Legal can complete this process for you or represent you under power of attorney.
Who inherits if there is no will in Spain?
Spanish law applies “forced heirship” rules. Typically, children inherit first, followed by the spouse, then parents and siblings. A formal declaration of heirs must be made before a notary to determine legal beneficiaries.
How much is Spanish inheritance tax?
Inheritance tax in Spain is paid by each beneficiary individually. Rates range from 7% to 34%, depending on the relationship to the deceased and the region. Spouses and children benefit from higher allowances, while distant relatives or non-relatives may pay more.
How long does Spanish probate take?
The average process takes 3 to 6 months, but this can vary depending on the estate’s complexity, whether a valid will exists, and how quickly documents are gathered.
Who pays the inheritance tax in Spain?
Each beneficiary is responsible for their own inheritance tax. The estate itself doesn’t pay the tax as a whole. Spanish Legal calculates and files the necessary forms to ensure timely compliance.
How do I get a copy of a Spanish will?
If a will was made in Spain, it should be registered with the Spanish Central Wills Registry. Spanish Legal can request an official copy and manage any necessary translations.
Does a UK will override a Spanish will?
No. UK and Spanish wills operate independently within their jurisdictions. A UK will won’t override a Spanish will, and vice versa. However, both can coexist if drafted carefully — Spanish Legal ensures they work together without conflict.
Do I have to inform HMRC if I inherit money from abroad?
Yes — if you’re UK tax resident, you may need to declare overseas inheritances, especially if the assets generate income or are later sold. Spanish Legal can coordinate with UK tax advisers to ensure everything is reported correctly.
Do you pay capital gains tax on an inherited property in Spain?
Not at the time of inheritance. However, if you later sell the property, capital gains tax may apply based on the increase in value since acquisition. Spanish Legal can advise on how this might affect your situation.
What is the declaration of heirs in Spain?
When someone dies intestate (without a will), a declaration of heirs must be made before a notary. This legal process identifies who is entitled to inherit under Spanish law. Spanish Legal can manage this on your behalf.
How is inheritance divided in Spain?
Spanish inheritance law uses a “forced heirship” system. A fixed portion of the estate must go to direct descendants (children), with limited freedom to distribute the rest. This applies unless the deceased made a valid will stating otherwise under foreign law.
How much does probate cost in Spain?
Costs vary depending on the estate’s size and complexity. They may include legal fees, notary charges, document translations, taxes, and registry costs. Spanish Legal provides clear, upfront pricing to help you plan with confidence.
Need Help with Spanish Probate? Let Spanish Legal Handle It For You
Avoid the stress and uncertainty of Spanish probate. We’ll ensure your inheritance is handled legally, efficiently, and with the care your family deserves.