Probate in Spain: How Long Does It Take and What Do You Need?

Probate in Spain: How Long Does It Take and What Do You Need?

Probate in Spain (declaración de herederos or aceptación de herencia) is the legal process of transferring a deceased person’s assets to their heirs. Unlike in the UK, there is no central probate court in Spain — the process is handled through a Spanish notary, and it can take anywhere from 3 to 18 months depending on the complexity of the estate. At Tomas Ballestero Lawyers, we have handled hundreds of Spanish probate cases for international families since 1996.

Quick Answer: Spanish probate typically takes 4 to 8 months for straightforward cases. You will need: the death certificate, the last will certificate (Certificado de Últimas Voluntades), the will itself, NIE numbers for all heirs, property valuations, and bank certificates. There is a strict 6-month deadline to pay inheritance tax from the date of death — missing it triggers penalties and interest.

30+ Years of Probate Experience

Our team has managed Spanish probate for families from the UK, Ireland, Germany, France, Belgium, Netherlands, Scandinavia, and the US. We coordinate with foreign consulates, Spanish tax authorities, the Land Registry, and banks to ensure a smooth and efficient process.

We Speak Your Language

We work in English and French, and coordinate with Dutch and German-speaking professionals when needed.

The Spanish Probate Process: Step by Step

Step 1: Obtain the Death Certificate and Last Will Certificate

Within 15 days of death, the death must be registered. After that, you can request the Certificado de Últimas Voluntades from the Spanish Ministry of Justice (or online). This certificate confirms whether the deceased had a Spanish will and where it was registered. If the deceased died abroad, you will need the foreign death certificate apostilled and translated by a sworn translator.

Step 2: Locate the Will

If there is a Spanish will, we obtain a copy from the notary who held it. If there is only a foreign will, it must be apostilled and sworn-translated. If there is no will at all, the heirs must obtain a Declaración de Herederos (Declaration of Heirs) before a Spanish notary, which adds 1-2 months to the process.

Step 3: Gather Documentation and Valuations

We collect: property deeds (escrituras), bank certificates showing balances at the date of death, vehicle registrations, catastral references, and any debts or mortgages. Properties must be valued — either by the catastral reference value or by professional appraisal.

Step 4: NIE Numbers for All Heirs

Every heir who will receive assets in Spain needs a NIE (Número de Identidad de Extranjero). If heirs are not in Spain, we can obtain these through a Power of Attorney.

Step 5: Pay Inheritance Tax (Within 6 Months)

This is the critical deadline. Spanish inheritance tax must be paid within 6 months of the date of death. A 6-month extension can be requested within the first 5 months, but it is not automatic. In the Valencia region (which covers the Costa Blanca), beneficiaries who are close family members (spouse, children, parents) can benefit from a 99% reduction in inheritance tax — effectively reducing the tax bill to almost nothing. Our lawyers ensure you claim every available reduction.

Step 6: Sign the Deed of Inheritance at the Notary

All heirs (or their representatives via Power of Attorney) sign the Escritura de Aceptación de Herencia before a Spanish notary. This is the document that formally transfers the property and assets to the heirs.

Step 7: Register the Property and Close Bank Accounts

We register the inheritance deed at the Land Registry (Registro de la Propiedad) and handle the transfer of bank accounts, vehicles, and other assets. We also handle the plusvalía municipal tax payment to the local council.

How Long Does Spanish Probate Take?

Common Probate Problems We Solve

Missed the 6-month tax deadline? We negotiate with the tax authorities to minimise penalties. Heir refusing to cooperate? We can initiate judicial partition proceedings. Property has debts or charges? We advise on accepting the inheritance “a beneficio de inventario” to limit liability. Multiple properties across different regions? We coordinate tax filings across jurisdictions.

Areas We Serve

We handle probate cases across the Costa Blanca and Valencia region, including: Javea, Moraira, Denia, Altea, Benitachell, Benissa, Jalón, Oliva, Pego, Valencia.

Frequently Asked Questions

How much does Spanish probate cost?

The total cost depends on the estate value and complexity.Our lawyers provide a clear cost estimate before you commit to anything, so there are no surprises.

Do I need to travel to Spain for probate?

No. With a Power of Attorney, we can handle the entire probate process on your behalf without you needing to travel to Spain. Most of our international clients complete probate remotely.

What happens if there is no Spanish will?

If the deceased had no Spanish will, we must obtain a Declaration of Heirs (Declaración de Herederos) before a notary. This requires two witnesses who knew the deceased. EU Regulation 650/2012 determines which country’s inheritance law applies — usually the country of habitual residence.

Can I sell the inherited property before probate is complete?

No. You must complete the inheritance process and register the property in your name at the Land Registry before you can sell it. However, we can begin the sales process in parallel to save time.

What is the 99% inheritance tax reduction in Valencia?

The Valencia region offers a 99% reduction on inheritance tax for close family members (Groups I and II: spouse, children, parents, grandchildren). This means that a property worth €300,000 that would normally attract significant tax may result in a bill of just a few hundred euros. Our lawyers always apply this reduction where available.

Contact Us

For expert probate assistance in Spain, contact Tomas Ballestero Lawyers:

Phone: +34 965 792 946
Mobile: +34 607 320 768
Email: [email protected]