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Spanish Probate Solicitors

Advisors in Spain handles Spanish probate and estate administration across Spain.

We handle locating the will, obtaining NIE numbers for heirs, the notarial deed of acceptance, paying Spanish inheritance tax, and registering the property transfer; we coordinate related requirements, with responsibility and scope agreed for each service.

Every case starts with the qualification form below. Describe the estate, and an English-speaking solicitor who handles Spanish probate and estate work takes your case.

Your solicitor handles the case directly, from locating the will at the Registro General de Actos de Ultima Voluntad through to signing the deed of acceptance, filing Spanish inheritance tax and registering the property in the heirs' names, and flags any cross-border question a UK or US heir raises along the way.

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Older couple reviewing estate-planning documents with an adviser
Typical timing No fixed case length; the tax deadline is fixed at six months The page explains what can change it. How the work runs 7 steps From your enquiry through to completion. What to prepare 6 items See the documents and details you will need.

Who Needs a Solicitor for Spanish Probate

  • You need a probate solicitor in Spain when the estate includes property, the heirs live outside Spain, there is no will, more than one heir is involved, or Spanish inheritance tax must be filed within the six-month deadline.
  • A single Spanish-resident heir with an existing will and no property to transfer can sometimes settle a small estate directly with a notary; anyone planning ahead of a death should read whether a Spanish will is worth making first, since this page covers a death that has already happened.
  • No will changes the process into a declaration of heirs before anything else can move, and that step alone is where most self-managed cases stall.
  • Heirs based in the UK, the US or anywhere outside Spain add translation, apostille and, usually, a power of attorney to every step, which is where a solicitor earns their fee back fastest.

A single Spanish-resident heir with an existing will, no property in the estate and no other heirs to coordinate can sometimes complete the paperwork directly with a notary. The probate process guide names each step for that self-serve case.

What's Included With Your Solicitor

The solicitor handles every step below directly, from locating the will to registering the property in the heirs' names.

Documents You'll Need for Spanish Probate

Death certificate
The original or a certified copy, sworn-translated into Spanish if it was issued outside Spain.
Foreign grant of probate (if any)
Where the home country issued one, it needs an apostille and a sworn Spanish translation before a Spanish notary will act on it.
The will or proof of intestacy
A Spanish will, a foreign will covering Spanish assets, or the declaration of heirs where no will exists.
ID and proof of relationship
Passport or ID for each heir, plus birth, marriage or other civil documents proving the relationship to the person who died.
Property deeds or nota simple
The existing title deed or a current land-registry extract for any Spanish property in the estate.
NIE for each heir
Required before the deed of acceptance can be signed; heirs who do not already have one can apply in parallel with the rest of the case.

How the Process Works

  1. You submit the qualification form

    A few questions cover the estate, the heirs and your timeline. Answering them submits a service request to Advisors in Spain; nothing is filed with any Spanish authority yet.

  2. A solicitor takes your case

    A solicitor who handles probate in the relevant region takes on your case.

  3. You have an initial consultation

    Your solicitor reviews the estate directly with you, in English or Spanish, and confirms what the case needs before any paperwork starts.

  4. Documents get collected and translated

    Death certificates, wills and foreign grants of probate travel through sworn translation and, where needed, an apostille, before anything is filed.

  5. The solicitor signs the deed and files the tax

    The deed of acceptance of inheritance is signed before a notary, and Spanish inheritance tax, Modelo 650, is filed and paid.

  6. The property is registered

    Once the tax is settled, the solicitor registers the property transfer at the Registro de la Propiedad in the heirs' names.

  7. Distribution and case close

    Remaining assets are distributed to the heirs and the case closes, with the solicitor confirming everything the estate needed has been filed.

Timing: What to Expect and What Causes Delays

No fixed case length; the tax deadline is fixed at six months

Spain sets no statutory timeline for how long probate itself takes. The one fixed point is the inheritance-tax deadline: Spanish inheritance tax is due within six months of the date of death, according to the Reglamento del Impuesto sobre Sucesiones.

What delays it

Locating every heir when a family is spread across several countries, translating and apostilling foreign certificates before a Spanish notary or the Agencia Tributaria will accept them, and notary or land-registry scheduling all commonly push a case past the six-month mark. Where that deadline is at risk, a one-time extension can be requested, provided the request is made within the first five months of the six, under the same Reglamento.

What to prepare now

Gather the death certificate, the will or proof there is none, and ID and proof of relationship for every heir before the qualification form goes in. Heirs who do not already have a Spanish NIE can start that application in parallel and do not need to wait for the rest of the case to move first.

Legal and Tax Considerations Alongside Probate

Spanish inheritance tax, Modelo 650, is normally due within six months of the date of death, according to the Reglamento del Impuesto sobre Sucesiones. A one-time extension is available if it is requested within the first five months of the six, under the same regulation. The tax filing comes before the registration in practice, and the registration step in inheriting property in Spain sits after it. This page carries no source for a rule making payment a precondition of registering the property.

Forced heirship, legitima, can affect who inherits what regardless of what a will says. Under the Codigo Civil, a fixed share of a Spanish estate is reserved by law for children and other descendants, which is a different starting point from the full testamentary freedom a UK or US will usually assumes. Having a Spanish will in place before death does not remove that reserved share, but it does avoid intestacy and the declaration-of-heirs step that comes with it, which speeds up everything that follows.

Two situations sit just outside what this page covers. An estate that still needs to buy, sell or transfer a Spanish property outright, separately from the inheritance itself, is a property lawyer’s job, not a probate solicitor’s. A dispute between heirs that turns into a civil claim, or any other legal matter the estate raises outside succession itself, goes through English-speaking lawyers in Spain.

Your solicitor raises whichever of these applies to your case during the initial consultation, before any filing starts.

Deadlines, rates and the sourced timing figures on this page are current as of 20 August 2026, and are reviewed every six months against BOE and Agencia Tributaria guidance.

The six-month deadline starts on the date of death

Tell us when the death occurred and how many heirs are involved, and we aim to reply within one business day. There is no charge to submit an enquiry.

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Common questions

Do I need a probate lawyer in Spain?
No, unless your case is more complex than a single Spanish-resident heir with an existing will and no property to transfer, which can sometimes be settled directly with a notary. Yes, if the estate includes property, the heirs live outside Spain, there is no will, or more than one heir needs to agree how the estate is divided, since each of those adds a step a solicitor manages far faster than a family member abroad managing it alone.
How much does a Spanish probate attorney cost?
Fees vary by the size and complexity of the estate, the number of heirs and the solicitor. You get a quote in writing before any work starts.
How long does Spanish probate take?
It takes as long as the estate takes to settle, since Spain sets no statutory timeline for probate itself. The one fixed point is the deadline to file Spanish inheritance tax: six months from the date of death, according to the Reglamento del Impuesto sobre Sucesiones. Locating every heir and translating or apostilling foreign documents are what usually push a case past that deadline.
How to avoid Spanish inheritance tax?
You cannot avoid it. Article 7 of Ley 29/1987 taxes an heir living outside Spain on any asset situated in Spanish territory, and Agencia Tributaria takes the Modelo 650 filing when the case is not ceded to a comunidad. What you can do is reduce it, through the allowance each comunidad sets for close family, which varies sharply by region and by how closely the heir is related to the person who died. The inheritance tax guide breaks the regional allowances down.
Do you pay tax on inheritance in Spain?
Yes. Spanish inheritance tax normally applies to what you inherit, and the amount depends on two variables: which comunidad the assets sit in, and how closely you were related to the person who died. The inheritance tax guide covers both in full; no single flat number applies to every estate.
How much can you inherit tax free in Spain?
No single figure applies. A tax-free allowance exists, and each comunidad sets its own level for close family: some regions reduce the bill to close to nothing for a spouse or child, and others apply a much smaller allowance. The inheritance tax guide lists the regional figures; a single figure here would be wrong for most readers.
Is Spanish property subject to UK inheritance tax?
Yes. A UK-domiciled estate can be liable for UK inheritance tax on worldwide assets, including a Spanish property, at the same time Spain taxes that same asset under its own succession tax. Double-taxation relief can offset one against the other, but the calculation is personal to the estate, so a cross-border tax adviser should confirm it; a general rule would not fit most estates.
What are the rules for inheritance in Spain?
Spain runs on forced heirship, not full testamentary freedom: under the Codigo Civil, a fixed share of the estate, typically two-thirds for children and other descendants, is reserved by law and cannot be freely willed to someone else. That surprises most UK or US heirs, whose home systems let a testator leave an estate to anyone they choose. A Spanish will written around these rules avoids disputes later.
Do heirs need a Spanish NIE to inherit property?
Yes, if you do not already have one. Every heir needs a Spanish NIE before the notarial deed of acceptance can be signed and the property registered in their name. The NIE guide covers how to apply, or have your solicitor apply for it on your behalf.
Do UK or US heirs need to travel to Spain for probate?
No, if you grant power of attorney to the solicitor handling your case. Most non-resident heirs never travel to Spain for it: the solicitor signs the deed of acceptance and handles the tax filing and registration under that power of attorney instead. Power of attorney in Spain covers what it lets your representative do.
What's the difference between a Spanish grant of probate and probate in the UK or US?
Spain has no court-issued grant of probate. The estate is settled through a notarial deed of acceptance of inheritance, signed before a Spanish notary once the will is located, the heirs are identified and the inheritance tax position is confirmed, and not through a probate court process.
Can a solicitor help with inheritance tax as well as the legal process?
Yes. Your solicitor files and pays Spanish inheritance tax, Modelo 650, as part of the same engagement that handles the deed of acceptance and the property registration, so tax is part of that one instruction and not a separate job for a second lawyer.

Why Work With Advisors in Spain

Advisors in Spain handles your probate case directly, from the first consultation to registering the property in the heirs' names.

  • Every specialist meets the same standard.

    Every solicitor who works on a case meets the same standard for qualification and experience in Spanish law. We say so plainly if your case is not something we handle.

  • Every solicitor works in English or Spanish.

    You explain the estate once, in English or Spanish, to the solicitor who handles your case.

  • Coordinated support for related matters.

    Locating the will, the deed of acceptance, the inheritance tax filing, and registering the property: we coordinate related requirements, with responsibility and scope agreed for each service.

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