Dealing with a death in Spain, or inherited Spanish property? You are facing a legal system that bears little resemblance to English probate: no Grant of Probate, no court oversight in the standard case, forced heirship rules for children, strict notarial formalities, and a procedure that must be navigated in a language and legal culture that are not your own.
At Tomas Ballestero Abogados, we have advised UK, Irish, American and international families on Spanish probate for more than 30 years — entirely in English, with one senior lawyer as your single point of contact, and a structure that lets you handle every step from home.
Direct contact: [email protected] — Avenida del Pla 126, Javea (Alicante), Spain.
How Spanish probate differs from English probate
Most UK clients arrive expecting a procedure broadly similar to England & Wales. In reality, Spanish inheritance law is built on a different foundation, with four features that consistently surprise English-speaking heirs.
1. A notarial procedure, not a court one. In England, executors apply to the Probate Registry for a Grant of Probate, which gives them legal authority to deal with the estate. In Spain there is no Grant of Probate. Instead, the heirs (or their lawyer under a power of attorney) appear before a Spanish notary and execute a deed of acceptance and adjudication of inheritance (escritura de aceptación y adjudicación de herencia). Only contested estates are litigated in court.
2. Forced heirship (legítima). The Spanish Civil Code reserves two-thirds of the estate for the children of the deceased. You cannot freely disinherit your children — unless your will makes an explicit choice of English law under Article 22 of EU Regulation 650/2012. Without that clause, English testamentary freedom is not available in Spain.
3. Central wills registry. Spain maintains a centralised register of every will executed before a Spanish notary, the Registro General de Actos de Última Voluntad. Before any probate can proceed, the heirs must obtain a Certificate of Last Wills (Certificado de Últimas Voluntades) from this register to confirm whether the deceased left a Spanish will.
4. Spanish probate is not optional for Spanish assets. A UK Grant of Probate, however well-drafted, does not transfer Spanish property, freeze or unfreeze Spanish bank accounts, or close a Spanish utility contract. Spanish assets require Spanish probate — full stop.
EU Succession Regulation 650/2012 — and why it still matters after Brexit
The EU Succession Regulation (Regulation 650/2012), in force across most of the EU since 17 August 2015, determines which country’s law applies to cross-border estates. The default rule is the law of the deceased’s habitual residence at the date of death.
For a British national habitually resident in Spain, this means Spanish law applies by default, including forced heirship for children.
The key tool for UK clients: Article 22 of the Regulation allows any individual to choose the law of their nationality to govern their succession. Although the UK never adopted the Regulation and is no longer in the EU, Spain — as the country where the assets are located and the procedure takes place — applies the Regulation and recognises a properly drafted English-law choice. A UK national can therefore execute a Spanish will with an express choice of English law, preserving:
- full testamentary freedom (no forced heirship);
- recognition of English-style provisions (life interests, executors’ powers, charitable gifts);
- a faster, simpler probate procedure in Spain;
- consistency between the English and Spanish estates.
We draft bilingual Spanish wills (English–Spanish) with a properly worded choice of English law and register them with the Spanish central wills registry.
The Spanish notarial probate procedure: step by step
Step 1 — Initial consultation. A short email or call describing the situation: who has died, what Spanish assets are involved, who the heirs are, whether there is a Spanish will. We provide a written outline of the procedure and timeline.
Step 2 — Document collection and legalisation. We send a tailored checklist:
- From the UK: international death certificate (or apostilled UK certificate), the UK will (apostilled and sworn-translated by a Spanish traductor jurado), a Certificate of English Law issued by a UK solicitor confirming validity of the will and identifying the beneficiaries, identity documents of the heirs, marriage certificate where relevant.
- From Spain: Spanish death registration, Certificate of Last Wills (Certificado de Últimas Voluntades), title deeds (escrituras) of any Spanish properties, bank statements at date of death, vehicle registration documents, insurance policies.
We coordinate apostilles, sworn translations and legalisations through a vetted network of UK solicitors and certified translators.
Step 3 — Power of attorney and identification numbers. Each heir signs a Spanish-compliant power of attorney (poder notarial) before a UK solicitor or notary public, apostilled under the Hague Convention. Using this power of attorney, we obtain the Spanish identification number required for every foreign heir to appear in Spanish notarial deeds and Land Registry filings.
Step 4 — Certificate of Last Wills. We obtain the Spanish wills registry certificate and review any Spanish will found, comparing it with the UK will to identify any potential conflict.
Step 5 — Notarial deed of acceptance. We attend the Spanish notary on your behalf (under the power of attorney) and execute the deed of acceptance and adjudication of inheritance. The deed lists the assets, the heirs, the legal title under which they inherit, and how the estate is divided among them.
Step 6 — Land Registry and catastro. We register the property in the Spanish Land Registry (Registro de la Propiedad) in the name of the heirs and update the catastro.
Step 7 — Asset transfer. We transfer bank accounts, re-register vehicles with the Spanish Dirección General de Tráfico, transfer shares in Spanish companies and close utility contracts. The estate is then fully administered.
The Certificate of English Law — what UK solicitors need to provide
In every Spanish probate involving a UK will, the Spanish notary requires a Certificate of English Law (certificado de ley inglesa) — a formal opinion drafted by an English solicitor confirming:
- that the will is valid in form and substance under the law of England & Wales;
- that the will has not been revoked, varied or superseded;
- who the beneficiaries under English law are;
- how the executors are identified and their powers under English law;
- that there is no English legal impediment to the Spanish heirs taking the estate.
We work with a panel of English solicitors who issue Certificates of English Law to a Spanish notarial standard. Where you already have a UK solicitor instructed on the English probate, we liaise with them directly to coordinate wording and timing.
Acceptance under benefit of inventory (limited-liability acceptance)
Spanish law allows heirs to accept the estate under benefit of inventory (aceptación a beneficio de inventario) — accepting only what is left after debts are paid, with no personal liability for shortfalls.
We advise this form of acceptance whenever:
- the extent of the deceased’s Spanish debts is uncertain;
- there are business interests, personal guarantees or unknown mortgage liabilities;
- the deceased owned multiple Spanish properties with possible secured debts;
- the heirs disagree about the composition of the estate.
Acceptance under benefit of inventory is a formal Spanish notarial procedure with strict time limits and inventory rules. We handle the full procedure on your behalf.
Apostille and sworn translation: what UK documents need
Every UK document used in Spanish probate — the will, the death certificate, the marriage certificate, the Certificate of English Law — must be:
1. Apostilled under the Hague Convention 1961. In England & Wales this is the Apostille Service of the Foreign, Commonwealth & Development Office. Without the apostille, Spanish notaries and registries do not accept the document.
2. Translated by a Spanish sworn translator (traductor jurado). Spain only accepts translations by translators officially recognised by the Spanish Ministry of Foreign Affairs. Standard certified translations from the UK are not sufficient.
We coordinate apostilles and sworn translations as part of a fixed scope of work — no chasing UK government offices, no searching for translators.
Power of attorney: dealing with Spanish probate without travelling
The most frequent question from UK clients is “Do we all need to fly to Spain?” The answer is no — provided the power of attorney is properly drafted.
We prepare a broad Spanish-format power of attorney (poder amplio sucesorio) authorising us to:
- obtain the Certificate of Last Wills from the Spanish wills registry;
- apply for the Spanish identification number required for each heir;
- accept the inheritance (with or without benefit of inventory);
- appear before any Spanish notary and execute the deed of acceptance;
- register the property in the Spanish Land Registry;
- transfer bank accounts, vehicles, shares and other assets;
- represent the heirs in any necessary administrative or judicial steps.
The power of attorney is signed by each heir before a UK solicitor or notary public and apostilled. It is then immediately usable in Spain. No travel, no Spanish notary visits, no in-person signing required.
Cross-border coordination with UK solicitors and personal representatives
Spanish probate rarely exists in isolation: UK estates almost always involve an English probate alongside the Spanish one. We routinely coordinate with:
- UK solicitors acting for the executors or personal representatives;
- UK accountants dealing with the UK side of cross-border estate filings;
- English barristers’ chambers for opinions on complex testamentary trusts or intestacy issues;
- Irish solicitors for Irish-resident heirs;
- US estate attorneys for American heirs with Spanish assets;
- Foreign banks holding accounts in the deceased’s name.
Our role is to ensure that English-law concepts (trusts, life interests, executors’ powers, intestacy entitlements) are correctly translated into Spanish-law instruments — and that the Spanish notarial deed accurately reflects the substantive English-law position.
Common legal pitfalls we protect you from
In more than 30 years of cross-border probate, we see the same legal mistakes repeatedly — usually when families try to manage the procedure themselves or instruct a non-specialist gestor.
1. Relying on a UK Grant of Probate alone. A Grant of Probate is not a Spanish title document. Without Spanish notarial probate, Spanish property cannot be sold, mortgaged or transferred.
2. No choice of English law in the will. Without an Article 22 clause, Spanish forced heirship applies — children are entitled to two-thirds of the estate as a matter of public order.
3. “Informal” acceptance. Spanish law does not recognise informal acceptance of inheritance. Without a deed of acceptance before a Spanish notary, no heir has any legal authority over Spanish assets — not even to close a utility contract.
4. UK certified translations instead of traductores jurados. Translations not produced by a Spanish sworn translator are rejected by Spanish notaries and registries.
5. Inadequate power of attorney. A standard UK power of attorney is often rejected by Spanish notaries. The power must be drafted in Spanish notarial format with specific authority for inheritance acts, then apostilled.
6. Spanish joint accounts and “joint tenants” misunderstandings. Spanish law does not recognise the English doctrine of joint tenancy with right of survivorship. The deceased’s share in joint property must go through Spanish probate.
7. Missing Spanish assets in the inventory. Forgotten Spanish bank accounts, holiday flats, garage spaces or rural plots lead to supplementary deeds and renewed Land Registry procedures.
Areas we cover
Headquartered in Javea (Xàbia), Alicante, we advise on Spanish probate throughout:
- Costa Blanca North: Javea, Moraira, Teulada, Benissa, Calpe, Altea, Denia, Pedreguer, Pego, Oliva.
- Costa Blanca South: Alicante, Torrevieja, Orihuela Costa, Guardamar.
- Wider Spain: Mallorca, Tenerife, Costa del Sol (Marbella, Estepona, Fuengirola), Barcelona, Madrid, Valencia, Almería — through trusted local partners for in-region filings.
Languages spoken in the office: English, Spanish, Dutch, French.
Why work with us
More than 30 years of cross-border experience. Founded in Javea, Tomas Ballestero Abogados has handled hundreds of Spanish probate matters for UK, Irish, American and international families.
Fluent English. All communication and updates in clear, professional English.
One senior lawyer, single point of contact. You deal directly with José Manuel Tomas Ballestero, the firm’s principal.
Bar-registered Spanish abogado. Member of the Ilustre Colegio de Abogados de Alicante, with full professional indemnity insurance.
Cross-border network. Long-standing working relationships with UK solicitors, Irish solicitors and certified Spanish sworn translators.
Frequently Asked Questions
Is a UK Grant of Probate valid in Spain?
A UK Grant is not automatically recognised in Spain. Spanish assets require a separate Spanish notarial procedure (deed of acceptance before notary) before any property or bank account can be transferred. The Grant is supporting evidence; the operative documents are the apostilled UK will, sworn translation and Certificate of English Law.
How does Spanish probate differ from English probate?
Spanish probate is notarial, not judicial. There is no Grant of Probate. The heirs (or their lawyer under power of attorney) appear before a Spanish notary and execute a deed of acceptance of inheritance. Only contested estates go to court. The Spanish system also imposes forced heirship rules unless an English-law choice is made in the will.
Do I need to travel to Spain to deal with probate?
No. With a Spanish-compliant power of attorney signed in the UK and apostilled, we handle every step on your behalf. Most of our UK clients never set foot in Spain during the probate.
What is forced heirship (legítima) under Spanish law?
Spanish civil law reserves two-thirds of the estate for the children of the deceased. Unlike English law, you cannot freely disinherit your children — unless your will explicitly chooses English law under Article 22 of EU Regulation 650/2012.
What if the deceased had no Spanish will?
Spanish probate is still possible. The UK will must be apostilled, sworn-translated and accompanied by a Certificate of English Law. If the deceased died intestate, the applicable law is determined under EU Regulation 650/2012 and a Declaration of Heirs is obtained before a Spanish notary.
What if the deceased was Irish, American, Canadian or another nationality?
The same principles apply. We have extensive experience with Irish, American, Canadian, Australian, South African and other common-law and civil-law jurisdictions.
What about Spanish joint accounts and “joint tenants”?
Spanish law does not recognise the English doctrine of joint tenancy with right of survivorship. The deceased’s share in jointly-owned Spanish property must go through Spanish probate.
Can you act for the personal representatives in England as well?
We act for the Spanish probate. We coordinate closely with the UK solicitors who represent the executors or personal representatives in England — issuing instructions for the Certificate of English Law, sharing inventories, and ensuring that the English and Spanish procedures are consistent.
How do I start?
Send an email to [email protected] with a short description of the situation. We respond within 24 hours and arrange a free initial consultation by phone or video call.
Ready to start? Free initial consultation within 24 hours
Spanish probate has strict notarial formalities and short procedural deadlines. Contact Tomas Ballestero Abogados — your English-speaking Spanish probate lawyer on the Costa Blanca.
Email: [email protected]
Office: Avenida del Pla 126, 2-28, 03730 Javea (Alicante), Spain
Languages: English, Spanish, Dutch, French
Free initial consultation — response within 24 hours
