If someone dies leaving assets in Spain, you may hear the process described as Spanish probate. However, Spain doesn’t have quite the same probate system as the UK. There isn’t a single probate court that issues the equivalent of a Grant of Probate. Instead, several people and organisations may be involved in dealing with the inheritance.
The Role of a Spanish Notary
The notary plays an important part in Spanish inheritance matters. For example, the heirs will commonly need to formally accept the inheritance, with the division and transfer of assets recorded in a public notarial document. If somebody dies without a will, a notary can also be involved in formally establishing who is entitled to inherit. This doesn’t mean that the notary takes over and administers the entire estate.
This is one reason it can be helpful to understand how Spanish inheritance law applies when someone dies without a Spanish Will. The Spanish Ministry of Justice confirms that a declaration of heirs without a will can be carried out before a competent notary.
Who Actually Handles the Inheritance?
If the deceased appointed an executor in their will, they may have responsibility for carrying out certain wishes and dealing with aspects of the estate. Spanish law can also provide for other roles, including an administrator or a person responsible for dividing the inheritance between the heirs.
In practice, particularly where beneficiaries live outside Spain, a Spanish lawyer may be instructed to guide the heirs through the process. They can handle the paperwork, liaise with the notary, and help arrange the transfer of Spanish assets. Professional assistance can be particularly valuable when the beneficiaries are based in the UK and the estate includes Spanish property or other assets.
The Last Wills Certificate will usually need to be obtained, the relevant will located, assets identified, and inheritance taxes dealt with before property can be registered in the beneficiaries’ names. Spain’s Ministry of Justice explains that the Last Will and Testament Certificate confirms whether the deceased made a will and, if so, before which notary.
So, while people often talk about “probate in Spain”, it is better thought of as an inheritance process involving the heirs, notary and, where appropriate, executors and legal advisers rather than one central probate authority.
Read more information on Spanish probate, Spanish relocation documents and making a Spanish Will for assets in Spain.
If you need expert guidance, you can reach out to Spanish Probate Matters at 0208 150 2010.
