Spanish Probate Procedure: Complete Step by Step Guide for Foreign Heirs

Dealing with the death of a loved one is always challenging, and when their property or assets are in Spain, the legal process can feel overwhelming.
If you are a foreign heir, understanding how the Spanish probate procedure (procedimiento sucesorio) works is essential before you can claim, register, or sell inherited assets.

This guide explains everything you need to know about Spanish probate: the steps, documents, timeframes, and costs, written in plain English by our UK-based Spanish inheritance solicitors.

If you need direct help managing an estate in Spain, please visit our Spanish Inheritance & Probate Services page.

Step-by-Step: The Spanish Probate Process

1. Obtain the Death Certificate (Certificado de Defunción)

• Issued by the Registro Civil where the person died.
• If the death occurred abroad, the foreign certificate must be apostilled and translated by a sworn translator before use in Spain.

2. Apply for the Certificate of Last Wills (Certificado de Últimas Voluntades)

• Confirms whether the deceased granted a Spanish will and before which notary.
• Issued by the Registro General de Actos de Última Voluntad in Madrid.
• Requires the death certificate and a small fee (around €4).

3. Locate and Obtain the Will

• If a Spanish will exists, request an authorised copy (copia autorizada) from the notary.
• If there is no Spanish will, heirs must start an intestacy procedure (declaración de herederos ab intestato) before a Spanish notary.

4. Gather Details of Spanish Assets

Collect all available documentation for:

• Property deeds
• Bank statements
• Shares and investments
• Vehicles

Also request:

• Nota Simple (Land Registry extract)
• IBI receipts and cadastral certificates

5. Obtain NIE Numbers and Powers of Attorney

• All foreign heirs must have a Spanish NIE (Número de Identificación de Extranjero).
• If you cannot travel to Spain, a power of attorney (poder notarial) can authorise your Spanish lawyer to act on your behalf.

6. Sign the Deed of Acceptance of Inheritance (Escritura de Aceptación y Adjudicación de Herencia)

This is the central legal act of the probate process, signed before a Spanish notary.
It includes:

• Valuation of assets
• Identification of heirs
• Distribution of shares

Official copies of the deed are issued for registration.

7. Pay Spanish Inheritance Tax (Impuesto de Sucesiones y Donaciones)

• Tax must be paid within six months of death (an extension may be requested).
• Each heir pays individually according to their share and region.
• The inheritance deed cannot be registered until the tax is paid.

8. Register the Inherited Assets

• Real estate: register the deed at the Registro de la Propiedad.
• Vehicles: transfer ownership through the DGT.
• Bank accounts: funds released after submission of the deed and proof of tax payment.

Once registration is complete, heirs become full legal owners of the assets.

Requirements for Foreign Heirs

Foreign heirs must meet several legal and administrative requirements:

• NIE Number: mandatory for all transactions in Spain.
• Legalised & Translated Documents: all foreign certificates must be apostilled and translated by a sworn translator (traductor jurado).
• Certificate of Law: explains which inheritance law applies (e.g., English law for UK citizens).
• Tax Representative: recommended for non-residents to manage tax filings and communication.

Key Documents Checklist

From Spain

• Death certificate
• Certificate of Last Wills
• Copy of Spanish will
• Property deeds, bank and vehicle records

From Abroad

• Apostilled & translated birth/marriage/death certificates
• Certificate of law
• NIE numbers

Powers of attorney (if applicable)

FAQs – Spanish Probate Explained

Conclusion

The Spanish probate process can appear complex, especially for foreign heirs. However, with an experienced Spanish lawyer based in the UK, the entire procedure can be completed efficiently and remotely.

By preparing key documents early, obtaining NIEs, and appointing a trusted solicitor, you can avoid delays and ensure full legal ownership of the estate.

Need professional help with Spanish probate? Contact our team of bilingual solicitors today via our Spanish Inheritance & Probate page or call us for a confidential consultation.