PROBATE  FAQs

How long does Spanish Probate take?

The exact procedures in each case depend on the specific circumstances; and this determines the case duration.

But given the strict Spanish Succession Tax deadlines, it is always best to progress matters as quickly as possible.

So, the first priority is to carry out a complete case review, to identify exactly the paperwork and documentation required to complete the case.

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

No. Although Spanish probate is based on personal attendance and can be extremely time intensive, so for client convenience, we conduct our cases under Powers of Attorney (in favour of a fully qualified and accredited Spanish case lawyer).

The Power of Attorney can be signed in the signatory's home country, to avoid the need to come to Spain.

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. (But in certain cases, an extension can be granted).

Our service includes expert fiscal representation, to ensure that the tax is settled at the lowest level legally possible.

Failure to settle succession tax when due, leads to automatic penalties/interest being applied.

How much does Spanish Probate Cost?

The legal work that is required depends on the circumstances of each case. So, Spanish probate costs can vary considerably. However, we agree a fixed fee at the outset of a case; and provide details of any other costs and taxes. This ensures that our clients have no ‘hidden surprises’.

What if the deceased did not leave a will?

The absence of a Spanish Will can complicate and delay Spanish probate.

But this is unfortunately a surprisingly common scenario. So we have the established professional contacts and procedures necessary to complete this type of case.

What if the death occurred outside Spain?

A translated and legalised copy of the Death Certificate will be required; and we can deal with this, as part of our service.

What if we have already instructed UK probate Solicitors?

We can work alongside the UK probate solicitors or other professionals, to deal with the Spanish

process.

What information is required to proceed with Spanish probate?

Each case is carefully assessed at the outset, to compile the full list of documentation and information required.

This is usually fairly detailed. But our clients tend to find it better 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 can be sold once the Inheritance Deed is signed; taxes are paid; and (in the case of registered assets- e.g. properties) the inheritance 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?

All beneficiaries need Spanish fiscal (N.I.E) numbers to inherit Spanish assets. We can obtain NIEs for our clients.

How much tax will I have to pay?

The amount of Spanish succession tax (and other applicable taxes) will depend on the specific circumstances of the case. Please contact us for more information or check out Tax on our web site.

Spanish Property Transactions

We also deal with the legal process of the sale and purchase of Spanish properties. Our service includes currency management if needed, and Foreign Exchange.

We will be happy to answer any questions you may have;

and to provide a fixed fee quotation.

Please contact us now on contact@legal4spain.com.