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

In Spain there is no probate court. A Spanish inheritance is dealt with before a notary, and with a power of attorney we can handle it for you without you travelling. How long it takes depends on the will, the heirs and the documents; the one deadline that does not move is the six-month limit for inheritance tax.

The basicsWhat “probate” means in Spain

What English speakers call probate is, in Spain, the acceptance of the inheritance (aceptación de herencia) before a notary, preceded by a declaration of heirs (declaración de herederos) where there is no will. It transfers the deceased’s assets in Spain to the heirs. We have handled hundreds of Spanish inheritances for families from the UK, Ireland, Germany, France, Belgium, the Netherlands, Scandinavia and the United States.

Step by stepThe Spanish process

• 1. CertificatesThe death certificate and, from fifteen working days after the death, the certificate of last wills, which shows whether there is a Spanish will. A death abroad needs the foreign certificate, apostilled and translated.
• 2. The willA copy of the Spanish will from the notary; a foreign will has to be apostilled and translated. With no will, the heirs are established by a declaration of heirs before a notary, with two witnesses who knew the deceased.
• 3. The estateTitle deeds, bank certificates showing balances at the date of death, vehicles, cadastral references and any debts or mortgages, and the value of each asset.
• 4. NIEEvery heir receiving assets in Spain needs a NIE. It is applied for in person, at a Spanish consulate or in Spain; it cannot be obtained by power of attorney.
• 5. Inheritance taxDue within six months of the death. An extension of a further six months can be requested within the first five months; it is not automatic.
• 6. The deedAll the heirs, or their representatives by power of attorney, sign the deed of acceptance of the inheritance before a Spanish notary.
• 7. RegistrationThe deed is registered at the Land Registry, the municipal plusvalía is paid, and bank accounts, vehicles and other assets are transferred.

TimingHow long does it take?

There is no fixed answer. It depends on whether there is a Spanish will, where the heirs live and how quickly the documents from abroad arrive. What slows an inheritance down is almost always the paperwork from abroad: apostilles, translations and foreign grants of probate. That is the part worth starting early. The only fixed date is the inheritance tax deadline, six months from the death, and that clock runs whatever happens.

When things go wrongCommon problems we deal with

• The tax deadline has passedSurcharges and interest start to run. The sooner it is regularised, the less it costs.
• Debts or charges on the propertyThe inheritance can be accepted “a beneficio de inventario”, which limits the heirs’ liability to the value of what they inherit, or renounced.
• Several heirs who want different thingsSee our page on buying out a co-owner or selling your share.
• Property in several regionsEach region has its own rules on inheritance tax, and the filings have to be coordinated.

From abroadYou do not have to come to Spain

Apart from the NIE, the whole inheritance can be handled through a power of attorney, signed at a Spanish consulate in your country or before a notary where you live, then apostilled and translated. We draft the wording and send it to you ready to sign. Most of our international clients complete the Spanish side without travelling.

Questions

What happens if there is no Spanish will?

The heirs are established by a declaration of heirs before a Spanish notary, with two witnesses who knew the deceased. EU Regulation 650/2012 decides which country’s law applies, usually that of the last habitual residence.

Can I sell the inherited property before the inheritance is complete?

No. The inheritance has to be completed and the property registered in the heirs’ names first. The search for a buyer can, however, start in parallel to save time.

What about inheritance tax in the Valencian Community?

Close family members benefit from substantial reductions in the Valencian Community, and non-resident heirs can generally apply the regional rules. The figures depend on each case, and we put them in writing before anything is signed.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca. Town by town: inheritance lawyers in Jávea, Dénia, Moraira, Benitachell, Teulada, Benissa and Altea. For heirs abroad, see also our step-by-step guide to inheriting property in Spain as a non-resident.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your inheritance

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

See buying out a co-owner or selling your share.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every inheritance is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every estate is different and you should take advice on your own circumstances before acting.