The Probate Process in Spain: A Step-by-Step Guide for Expats

Complete guide to probate in Spain: death certificates, last-will certificates, deed of acceptance, inheritance tax with SUMA, and Land Registry transfer on the Costa Blanca.

When someone dies owning property in Spain, their heirs must navigate a probate process that differs significantly from the UK, Ireland or Northern European systems. There is no single "probate court" in Spain — instead, the process involves notaries, the tax authority and the Land Registry. This guide explains every step, with a focus on the Costa Blanca (province of Alicante).

Step 1: Obtain the Death Certificate

The first document you need is the Certificado de Defunción (Death Certificate), issued by the Civil Registry (*Registro Civil*) where the death occurred. If the person died abroad, you will need the foreign death certificate apostilled and officially translated into Spanish.

Timeline: Available within a few days of death.

Step 2: Request the Last Wills Certificate

The Certificado de Últimas Voluntades (Last Wills Certificate) is issued by the Ministry of Justice and confirms whether the deceased made a Spanish will, and which notary holds the original. You must wait 15 business days after the date of death before requesting it.

How to apply: Online via the Ministry of Justice website (with a digital certificate) or by post. Your probate lawyer in Torrevieja or Moraira can handle this on your behalf.

Step 3: Locate and Obtain the Spanish Will

Once the Last Wills Certificate identifies the notary who authorised the will, we request an authorised copy (*copia autorizada*). If the deceased did not make a Spanish will, we must initiate a Declaration of Heirs (*Acta de Notoriedad*) — a notarial procedure that identifies the legal heirs under applicable succession law.

Step 4: Prepare the Estate Inventory

We compile a complete inventory of assets and debts in Spain:

  • Property: We obtain a *Nota Simple* from the Land Registry for each property, showing ownership, charges, and encumbrances
  • Bank accounts: We request balance certificates from Spanish banks as at the date of death
  • Vehicles: We check DGT (traffic authority) records
  • Debts: Mortgage balances, outstanding IBI (property tax), community fees, and utility bills