How long does Spanish Probate take?

The exact steps that are required in each case depend on the specific circumstances. In turn, this dictates the time which it takes to complete a case. However, given the strict Succession Tax deadline that applies to deceased estates, it is essential to progress matters as quickly as possible. Hence our first priority is always to carry out a thorough review of the case and its history, to identify exactly what paperwork and documentation is going to be required to complete the case.

Do beneficiaries have to be in Spain during the probate process?

No. The Spanish probate process is based on personal attendance and can be extremely time intensive. For that reason, we conduct our cases under Powers of Representation (granted to one of our fully qualified and accredited Spanish case lawyers). For beneficiaries who are not based in Spain, we also have established arrangements for execution of the Power of Representation in your home country, which makes it unnecessary for beneficiaries to have to come to Spain, where it would otherwise be inconvenient.

When is the Spanish Succession Tax payable?

The standard deadline for payment of Spanish Succession Tax is the date 6 months from the date of death. In certain cases, an extension can be granted. Our service includes expert fiscal representation, to ensure that time extensions can be obtained in appropriate cases. Failure to settle Succession Tax liability when due, leads to automatic penalties and interest being applied.

How much does Spanish Probate Cost?

The amount of legal work which is required in each case depends on the circumstances of the case. As such, Spanish probate costs can vary considerably. However, our practice is to agree a fixed fee at the outset of a case and also to include most disbursements in this fixed fee. This means that our clients have no “hidden surprises”.

What if the deceased did not leave a will?

If there is no Spanish Asset Will, this can complicate and substantially delay matters when it comes to probate. However, despite our continued efforts to raise awareness with Spanish property owners of the importance of having Spanish Asset Wills, this is a surprisingly common scenario. We therefore have established contacts with UK probate registries, sworn translators and bilingual Notaries to assemble the exact set of documentation that is required in these cases.

What if the death occurred outside Spain?

In these cases, a translated and legalised copy of the Death Certificate will be required for presentation to the Spanish authorities. We are able to deal with this process, as part of our service.

What if we have already instructed UK probate Solicitors?

Generally it is advantageous if work has commenced in dealing with the UK assets. In these cases, we are able to work alongside the UK probate solicitors or other professionals, to “slot in” and deal with the Spanish assets.

What information is required to proceed with Spanish probate?

At the outset of each case, we examine the circumstances carefully with our clients, in order to determine the comprehensive list of documentation and information that is going to be required. This is often a fairly extensive package of documents, but we have found it less intrusive for our clients to deal with as much paperwork as possible at the outset, rather than on a “drip feed” basis.

When can inherited Spanish assets be sold?

Inherited assets are free to be sold once the Inheritance Deed is signed; taxes are paid and (in the case of registered assets- e.g. properties) the succession has been officially registered. We keep our clients informed about timing as cases progress, to ensure that arrangements can be made for the marketing and/or disposal of relevant assets in a timely manner.

Do I need an N.I.E. Number?

Yes. All beneficiaries must have a Spanish fiscal (N.I.E) number before inheriting Spanish assets. We have established systems for making N.I.E. applications throughout Spain or in the UK. This is included in our probate service.

How much tax will I have to pay?

The amount of Spanish Succession Tax (and/or other national Inheritance Tax) will depend on the specific circumstances of the case. Please contact us for more information or check out Tax on our web site.