Do I really need a Notary?
If there is only one heir and no property, for example, and if you only inherit money and stocks, the Notary expenses can be kept to a minimum. However, obtaining the help of a notary will give you the peace of mind of being sure everything is legal and according to the regulations. Moreover, some Spanish regions require the intervention of a notary so that the relevant tax exemptions can be applied.
If you are likely to inherit property from a Spanish probate estate, you will need the services of a notary. Speak to us as we work with Notaries across Spain. The notary will help with the public deeds in which you will appear as the new owner of the property. This gives you a safety net in case someone else tries to claim that the property belongs to them, and will also make the process of selling the property easier. To be clear, you can inherit in Spain without registering the property, but you will not be able to sell it or practically do anything with it. In practice, avoiding the notary now just means that you will need to go later.
With all this in mind, and if we also take into consideration that the Spanish inheritance process is always trickier when you are not a Spaniard, especially if you are not familiar with Spanish regulations, hiring a notary for Spanish probate issues is definitely recommended.
What do I need before to go to the Notary?
We recommend that you call us now so we can inform you about your specific matter. This way you may be able to get all the paperwork done at once and avoid repeating visits to different offices.
We will need you to obtain a death certificate from the Civil Register at the place where the death happened (ask for 3-4 copies for the different processes) and a certificate from the Registro de Actos de Última Voluntad (Register of Last Will Acts).
Whatever your case is, we can help you with everything in order to make the process as quick and easy as possible.
Make a will
You do not need a notary to make a Spanish will in theory, but in practice almost all wills in Spain are made with the help of a notary. This is because, once the will is complete, it will be saved in an official register which gives it the value of a real and legitimate document.
So, even though you can write your own will by hand, it can bring about so many problems and it still has to comply with legal requirements in order to be valid. As a result, most people opt to pay a visit to the notary.