Spanish probate for non-residents

Why "probate" is the wrong word in Spain

In England, Wales and most common law jurisdictions, an estate passes through a court process: an executor applies for a grant, the grant confers authority, and the executor then administers and distributes the estate.

Spain works differently. There is no grant and no court. Ownership passes to the heirs at the moment of death, subject to their acceptance, and the process is documentary: gather the certificates, establish who the heirs are, sign a deed before a notary, pay the tax, register the assets.

This matters practically. People arrive looking for a Spanish equivalent of a grant of probate and are told no such thing exists, which sounds like an obstacle. It is the opposite: there is no court queue to join.

What actually has to happen

1. Establish whether there was a Spanish will. Spain keeps a central register. A certificate from it shows whether the deceased made a will before a Spanish notary and which notary holds it. A separate certificate covers life insurance policies, which regularly turn up cover nobody knew about. Neither can be requested until fifteen working days after the death.

2. Establish who inherits. If there is a Spanish will, it says so. If there is a foreign will, it may still govern the Spanish assets — that depends on which law applies. If there is no will at all, a declaration of heirs is required, which is itself done before a notary for close relatives.

3. Inventory the estate. Land registry extracts for property, bank certificates showing balances at the date of death, and any debts. This step is not optional: Spanish inheritances carry liabilities as well as assets.

4. Accept, renounce, or accept under benefit of inventory. The third option caps your liability at the value of what you receive and is the cautious route where the financial position is unclear.

5. Sign the deed before a notary. Through a representative if you are not in Spain.

6. Pay inheritance tax and, where there is property, municipal land value tax. Both must be settled before registration.

7. Register the assets in your name at the Land Registry, and transfer bank accounts and utilities.

The one deadline that matters

Spanish inheritance tax must be filed within six months of the date of death, extendable by a further six if the extension is requested within the first five months. Surcharges apply after that, and penalties if the tax office issues a demand before you file.

Unlike a probate process, nothing here waits for a court. The clock runs from the death itself, whether or not anyone has started.

If the deceased was British

Under the EU Succession Regulation, the general rule is that succession is governed by the law of the country where the deceased was habitually resident at death — unless they expressly chose the law of their nationality in a will.

So a British national who lived in Spain for years without making that choice may find Spanish forced heirship rules applying, which reserve fixed shares for certain relatives. A British national resident in the UK with a Spanish holiday home will generally have English law govern the succession, including the Spanish property.

This is not a technicality. It determines who inherits and in what proportions, and it is the first question to settle.

Related: Spanish inheritance service · Cross-border inheritance · Power of attorney for an inheritance · Paying inheritance tax from abroad