A few notes to understand the Spanish probate inheritance process.
Spanish Probate is the legal process of organising, administering and distributing a deceased’s estate in Spain to heirs/beneficiaries. Distribution to beneficiaries can occur according to the terms of the deceased’s last valid Will in the UK, Spanish Will, or under the intestacy rules if there is no Will.
Spanish Probate Law does not operate in the same way as English Law in the event of someone’s death. So Spanish Probate help may be essential. Unlike in England, where a spouse automatically receives the inheritance, there is no automatic transfer of ownership when someone dies in Spain. When your spouse or partner dies, you must change the ownership.
Suppose the property ownership is shared and both spouses are listed as the property owners at the Land Registry when one person dies. In this case, the Spanish inheritance process requires a new public document. The Deed of Adjudication of inheritance must be signed before a notary public in Spain or the Spanish Consul in London, by the beneficiaries or heirs and duly registered with the Land Registry. The Notary Public, before distribution, must ensure that the heirs/beneficiaries are entitled to receive the deceased’s assets.
In addition, the beneficiaries will have to pay any inheritance tax before the transfer of the property. In certain circumstances, you need to demonstrate that the distribution of the estate has not contravened the deceased’s applicable succession law, by providing an affidavit to the Spanish Probate Law Authorities.
The inheritance tax is payable against the deceased’s property and also includes money held in bank accounts, vehicles, deposits and other assets that the deceased may have, which makes some professional Spainish Probate help quite important.
The procedures involved in dealing with the property after death will depend on whether there is a Will probate law. If a Spanish Will exists, the beneficiaries must apply for a certificate issued by the Will Registry in Madrid, confirming that the deceased made a Spanish Will and also a legal copy of the Spanish Will issued by the notary public who holds the Will. Valuation of the deceased’s Spanish estate is requested by the authorities under Sapnish probate law.
On the other hand, if there is only a UK Will, the following documents must be translated, notarised and apostilled before administration of the estate can proceed.
The Death Certificate
The UK Will
The Grant of Representation
In some cases, it may be necessary to provide a Certificate of Law explaining the intestacy law in the resident country.
The beneficiaries cannot sell the property until the Spanish inheritance process has been completed and they are listed as the property owners at the Land registry. The Spanish inheritance process must be processed within a six-month time frame. Otherwise, the heirs must pay additional interest on the amount owed. Yets another reason to get some Spanish Probate help.bull
Beneficiaries who are not usually residents in Spain will be liable for this tax as well as beneficiaries of an estate where the deceased did not have their habitual residence in Spain.
Non-resident foreign national taxpayers will have to apply for a NIE (Número de Identificación de Extranjero), a Spanish identification number required to pay taxes, buy property, and open bank accounts.
Spanish Legal Services can help clarify the amount of tax that the inheritors or beneficiaries are likely to pay. We will take into account the location of the property and the relationships of the beneficiaries with the deceased.
We will look after you by introducing the Spanish inheritance process and providing comprehensive advice for the beneficiaries about how to wind up the deceased’s estate in Spain in the best, straightforward and simplest way.
All the Spanish inheritance processes can be carried out in England, and the executors and beneficiaries only need to grant a power of attorney to complete the deceased’s estate on your behalf.