Probate in Spain for British Expats: What UK Nationals Need to Know

How probate works for UK nationals with property in Torrevieja, Moraira & Costa Blanca. Grant of Probate, affidavits of Spanish law, dual process coordination and inheritance tax.

Spain's Costa Blanca is home to tens of thousands of British property owners — and when one passes away, their family faces a dual probate process spanning two legal systems. As experienced probate lawyers in Torrevieja and probate solicitors in Moraira, we handle these cross-border cases every week. Here is everything you need to know.

The Dual Probate Problem

Unlike countries within the EU, the UK and Spain do not automatically recognise each other's probate decisions. This means:

  • A Grant of Probate must be obtained in England & Wales (or Confirmation in Scotland) covering the UK estate
  • A separate Spanish inheritance process must be completed for the Spanish property
  • Both processes run in parallel but are interconnected

What the UK Probate Court Requires

When a British national died owning property in Spain, the UK Probate Registry typically requires:

  1. Affidavit of Spanish Law: A sworn statement by a qualified Spanish lawyer (abogado) explaining how Spanish succession law applies to the deceased's Spanish assets. We prepare these affidavits regularly at Bufete Padilla — our office in Torrevieja has issued hundreds of them since 1976.
  2. Valuation of Spanish assets: A current market valuation of the Spanish property, usually from a local estate agent or official valuer.
  3. Details of any Spanish will: Whether the deceased made a separate Spanish will covering the Spanish assets.

The Grant of Probate issued by the UK court will then note the Spanish assets and confirm the executors' authority.

What We Handle on the Spanish Side

Once the UK Grant of Probate is issued, we take over:

1. Apostille and Translation The Grant of Probate must be apostilled by the UK Foreign Office and sworn-translated into Spanish by an official translator (*traductor jurado*). We coordinate this with UK-based translators.

2. Death Certificate and Last Wills Certificate We obtain the Spanish Certificado de Defunción (if the death occurred in Spain) and the Certificado de Últimas Voluntades from the Ministry of Justice.