Probate & Spanish Inheritance

Spanish inheritance and probate lawyers on the Costa del Sol

Probate & Spanish Inheritance

Bravo Legal has over 30 years of experience assisting international clients with Spanish inheritance matters throughout the Costa del Sol. From our law office in Fuengirola, we handle the entire inheritance and probate process in Spain, from obtaining the necessary certificates and identifying the applicable Will to signing the inheritance deed, dealing with Spanish Inheritance Tax and registering inherited property in the names of the heirs.

Many of the estates we deal with involve foreign nationals who owned a property, bank account or other assets on the Costa del Sol, while their heirs live abroad. Our experience with international estates enables us to coordinate the legal, notarial, tax and registration aspects of the inheritance and provide our clients with a single point of contact throughout the process.

Spanish Inheritance and Probate Process

The procedure for dealing with an inheritance in Spain depends on the circumstances of each estate, including whether the deceased made a Spanish Will, where the heirs are resident and the nature and location of the assets.

As a general rule, the process starts by obtaining the Death Certificate and the Spanish Certificate of Last Wills. If a Spanish Will exists, an authorised copy must then be obtained. If there is no Spanish Will, additional documentation may be required to establish who the legal heirs are and, depending on the circumstances, it may be necessary to complete a declaration of heirs.

Once the heirs and the Spanish assets have been identified, the inheritance can be formally accepted before a Spanish Notary, the corresponding taxes can be calculated and paid, and any inherited property can be registered in the names of the beneficiaries at the Land Registry.

Spanish Inheritance for Non-Residents

A large proportion of the Spanish inheritances handled by Bravo Legal involve heirs and beneficiaries who live outside Spain. In most cases, it is not necessary for the heirs to travel repeatedly to Spain, as much of the procedure can be handled on their behalf under a Power of Attorney.

We regularly assist international families with the inheritance of Spanish property, bank accounts and other assets. Where necessary, we can also assist heirs in obtaining their NIE numbers, liaise with Spanish banks and Notaries and deal with the registration of inherited property.

Inheritance Costa del Sol: Spanish Probate Services

Bravo Legal is based in Fuengirola, Málaga, and has been assisting international clients with inheritance and probate matters on the Costa del Sol for over 30 years. We regularly deal with estates involving property, bank accounts and other assets located in Fuengirola, Mijas, Benalmádena, Marbella, Torremolinos and Estepona, as well as other areas of the Costa del Sol.

Our local experience means that we are familiar with the Notaries, Land Registries, Town Halls and other institutions involved in dealing with an inheritance in the area. For heirs living abroad, we can normally handle most of the Spanish probate process on their behalf, avoiding unnecessary travel to Spain.

Spanish Inheritance Tax

Spanish Inheritance Tax (Impuesto sobre Sucesiones y Donaciones) is an important part of the probate process and should be considered from the outset. The amount payable can vary considerably depending on factors such as the value and location of the inherited assets, the relationship between the deceased and the beneficiary, the beneficiary’s personal circumstances and the tax rules applicable to the particular inheritance.

Different regional tax allowances and reductions may apply, and the rules applicable to residents and non-residents require careful consideration in international estates. We calculate the inheritance tax liability, identify the available allowances and reductions and prepare and submit the corresponding tax returns as part of our inheritance service.

The general deadline for filing Spanish Inheritance Tax is six months from the date of death. An extension may be requested within the first five months, so we recommend obtaining legal advice as early as possible, particularly where the estate includes property or other substantial assets in Spain.

International Inheritance and Probate in Spain

International estates can involve documentation and succession rules from more than one country. We have extensive experience dealing with inheritances involving foreign Wills, foreign death certificates and other documents issued outside Spain, as well as coordinating with lawyers, Notaries and other professionals in different jurisdictions when necessary.

Where appropriate, we can also advise on and obtain a European Certificate of Succession, which can be particularly useful when an inheritance involves assets or heirs in different European countries.

For foreign property owners, having a properly drafted Spanish Will can make the administration of their Spanish estate considerably easier for their beneficiaries. We can advise on whether making a separate Will in Spain would be appropriate and ensure that it is coordinated with any Will or estate planning arrangements in another country.

Inheritance and Probate Services from Bravo Legal

Our aim is to make the Spanish inheritance process as straightforward as possible for the beneficiaries. Depending on the estate, our assistance may include obtaining the necessary certificates and Wills, establishing the legal heirs, preparing Powers of Attorney, obtaining NIE numbers, identifying and valuing Spanish assets, preparing the inheritance deed, calculating and filing Spanish Inheritance Tax, dealing with Spanish banks and registering inherited property at the Land Registry.

With over 30 years of experience in Spanish property, inheritance and tax matters, Bravo Legal provides practical and independent legal advice to foreign clients with inheritance matters throughout the Costa del Sol.

If you need assistance with an inheritance or probate matter on the Costa del Sol, please contact us and briefly explain your circumstances. We will be pleased to advise you on the procedure, documentation required and our professional fees.