Probate Lawyer Spain for Foreign Heirs since 1992
Tomas Ballestero Lawyers — English-speaking probate lawyer in Spain since 1992. We handle the complete Spanish probate process for British, American, Dutch, French, Belgian and other international heirs of deceased relatives who owned property, bank accounts or assets in Spain.
Our probate lawyer Spain service includes: Certificado de Últimas Voluntades, NIE applications for foreign heirs, cuaderno particional at notary, Impuesto de Sucesiones (Modelo 650) filing, asset transfer at Property Registry, and bank account release. Standard timeline: 3–6 months from death certificate to full inheritance.
Spanish Probate Process — Step by Step
Step 1: Death certificate and apostille
We obtain the Spanish death certificate (if the deceased died in Spain) or process the foreign death certificate with apostille of The Hague and sworn translation. This is the foundational document for all subsequent steps.
Step 2: Certificado de Últimas Voluntades (Last Will Certificate)
15 days after death, we obtain this certificate from the Ministry of Justice in Madrid. It confirms whether the deceased had a Spanish will and identifies the notary holding it.
Step 3: NIE for foreign heirs
All foreign heirs need a Spanish NIE (Número de Identificación de Extranjero) to inherit. We obtain it via power of attorney without you travelling to Spain. Timeline: 1–2 weeks.
Step 4: Cuaderno Particional (Inheritance Deed)
We prepare the inheritance deed (cuaderno particional) listing all Spanish assets and their distribution. Heirs sign at a Spanish notary — physically or via power of attorney from your country.
Step 5: Impuesto de Sucesiones (Inheritance Tax — Modelo 650)
We file the Modelo 650 inheritance tax return with the regional Hacienda within 6 months of death (extendable). In the Comunidad Valenciana, the 99% reduction applies to spouses, children and parents since 2024, often reducing the tax to symbolic amounts.
Step 6: Asset transfer
Final step — registering the new ownership at the Spanish Property Registry (Registro de la Propiedad) and releasing bank accounts, vehicles and other assets to the heirs.
Frequently Asked Questions — Probate in Spain
How long does probate take in Spain?
Standard cases: 3–6 months from death certificate to full asset transfer. Complex cases (multiple jurisdictions, missing documents, disputes): 6–18 months. The 6-month deadline to file inheritance tax can be extended by 6 months on request.
Can I handle Spanish probate without travelling to Spain?
Yes. With a poder notarial (power of attorney) signed at a Spanish consulate or notary in your country plus apostille of The Hague, our probate lawyer Spain team handles 100% of the process remotely. We have done 400+ remote probate cases since 1992.
What if the deceased did not have a Spanish will?
If the deceased was a foreign national without a Spanish will, the foreign will applies (under Brussels IV / EU Regulation 650/2012 if EU national). We coordinate with your country notary or solicitor. If no will exists anywhere, the law of the deceased’s nationality or habitual residence applies under Brussels IV.
How much does probate lawyer Spain cost?
Standard probate (single property + bank accounts, 1–3 heirs): from €1,800 + 21% VAT fixed fee. Complex probate (multiple properties, contentious, international): on quote. Free initial consultation by video call.
Is there inheritance tax for foreigners in Spain?
Yes, but rates vary by region. In Comunidad Valenciana: 99% reduction for spouses, children, parents (since 2024). Other regions (Andalusia, Madrid, Murcia): also major reductions. We compute exact liability at instruction.
Related Services
See also: Inheritance & Wills Services · Avocat Successions en Espagne (FR) · Advocaat Erfrecht Spanje (NL) · Property Lawyer Valencia · Lawyers in Jávea.
Free consultation: Call +34 965 792 946 or email [email protected]. Office at Avinguda del Pla 126, Jávea (Costa Blanca). Open Mon–Fri 09:00–18:00.
