Posted by & filed under Wills and inheritance in Spain.

Losing a loved one is overwhelming. We will help you to calmly navigate through the legal side of this difficult time, working at all times to safeguard your interests, keeping you informed and making sure you get what is rightfully yours.

What are the steps to claiming an inheritance in Spain?

The Central Registry of Spanish Wills in Madrid should be contacted to establish the existence of a Spanish will. If a Spanish will exists, the deceased’s death certificate will be required in order to apply for a legal copy of the will. A valuation of the deceased’s estate in Spain will also be required. Following this, the estate can be administered in Spain. Only a notarised copy of the death certificate stamped with the apostille seal is required.

What happens if there is no Spanish will?

If no Spanish will has been made and there is only a foreign will or intestacy, before the administration of the estate in Spain can proceed the following documents will have to be translated, notarised and apostilled:

  • The death certificate.
  • The foreign will.
  • Grant of Representation or equivalent.
  • It may also be necessary to provide a Certificate of Law to explain the law of intestacy in a particular country.

What is the process for inheriting property?

The legal formalities of transferring property to beneficiaries in Spain are completed before a Spanish Notary. The title deed of the property being transferred must be submitted to the Spanish Tax Authorities to pay Spanish Inheritance Tax. It is then presented to the Land Registry Office and banks so that the ownership can be changed into the names of the heirs.

Related Articles by Andalucía Lawyers