E xpert inheritance lawyers and probate solicitors in Spain
At Legaliaspain we specialize in:
Inheriting Spanish assets and properties
Last will and testament writing and execution in Spain
Grants of probate and letters of administration
Inheritance tax advise and filing
Foreign probates and will execution in Spain
Coordination between jurisdictions in deaths with a cross-border component
Estate valuation, distribution and location
Assistance managing the distributed estate (i.e. selling inherited property)
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Inheritance lawyers and probate solicitors in Spain
In a globalized world, it is very common for a person to own an estate in more than one country, which can make things difficult when planning an inheritance and for their heirs and beneficiaries to inherit those assets.
Language barriers, distance and ignorance of the foreign regulations are some of the elements that make almost mandatory appointing an expert solicitor to assist us during the process.
But, what should we do if a person passed away while holding assets or property in Spain? How can we transfer that estate in Spain to the heirs or beneficiaries?
The response is applying for probate in Spain.
What is probate?
Probate is the legal process where a person obtains the authorisation to inherit the assets or properties of a deceased person. This process is often done before a probate court in the UK, EUA, Australia, etc. although in the case of Spain is done before a notary public.
When is probate needed?
Probate is needed if the decedent had any type of estate (property, bank account, assets…) in Spain. This means that some estates must be probated twice if the decedent had interests in more than one country (i.e. Spain and the UK).
Who can apply for probate?
Probate is needed if the decedent had any type of estate (property, bank account, assets…) in Spain and that estate must be inherited by the heirs or beneficiaries.
Some estates must be probated twice if the decedent had interests in more than one country (i.e. Spain and the UK).
Who can apply for probate?
Anyone named in the will by the decedent or, if the person did not leave a will, anyone with the right to inherit the decedent’s estate (spouse, civil partner, child, sibling, etc.).
Do I need a solicitor to apply for probate?
Given the complexity of the process, distance and foreign language barriers, it is almost mandatory appointing an expert probate solicitor to act on your behalf especially when the estate includes assets in Spain.
Can I apply for probate in Spain with a foreign will?
Yes, although the process is quite complex and will require the advice of an expert probate solicitor.
What does inheritance law provisions in Spain say?
If a person dies without a will having the domicile in Spain Spanish inheritance law provisions will apply even though if that person held a foreign passport. Inheritance law in Spain is a quite complex subject and the most relevant aspect is that forces to bequeath two-thirds of the decedent estate to the children.
How can I find and value an estate in Spain?
Some information (i.e. properties ownership) is available in public records such as the land registry, whereas other assets (i.e. bank accounts, company shares, cars, etc.) must be tracked down by an inheritance lawyer or probate expert.
How much is inheritance tax (IHT) in Spain?
The tax amount is based on the value of the decedent’s estate and the residency of the heirs and beneficiaries, whether they are Spanish tax residents or non-residents.
In most cases, close relatives have tax deductions in their IHT in Spain.
When is the Spanish inheritance tax (IHT) due?
Inheritance tax is due by each of the heirs within six months since the date of decease. Failing to file the inheritance tax in due term should trigger a late filing penalty.
An inheritance lawyer or expert solicitor could obtain an extension to this six months term, therefore, avoiding late filing penalties.
Inheriting property in Spain, what should I do?
In some cases, when inheriting a property in Spain, the beneficiary has no intention of keeping it.
At Legaliaspain we are property law experts ready to assist you liaising, selling, renting, etc. an inherited property overseas.
These are just a few of an endless list of questions asked by our clients over the years, inheritance law matters in Spain and probating an estate, however, trigger a million more questions.
Further information on inheritances, probate, estates and wills in Spain can be found in our article Spanish probate: What is it and when is it needed? and in our articles section.
At Legaliaspain we proud ourselves of having assisted hundreds of clients dealing with a Spanish inheritance and applying for probate and assisting during the transfer and administration of the estate of their beloved person walking them throughout the entire process.
Why choosing Legaliaspain with inheritance matters in Spain?
- English speaking solicitors and tax advisors available at your disposal at all times
- Power of attorney representation for your distance comfort
- Only registered solicitors and tax advisors working in your case
- Complete assistance in other legal areas such as real estate, tax or litigation if needed throughout the process
- Beginning to end intervention for your peace of mind
- Over ten years experience in probates, foreign wills execution and estate planning
What our customers say about us
The professionals at Legaliaspain were an excellent choice for us. They completed our case with the highest standards providing all the information we needed at every stage.
They were also willing to walk the extra mile helping us with those very important loose ends we did not bear in mind. We would definitely recommend them.
