How long does probate take in Spain?
Typically 3–4 months when all heirs cooperate. Complex or contested estates can take 6–12 months. The inheritance tax filing deadline is 6 months from the date of death.
Spanish Probate Lawyers for UK & Foreign Heirs
At Bufete Padilla we are one of the longest-established law firms on the Costa Blanca, handling probate and estate administration since 1976. Whether the deceased was a Spanish resident or a British, Irish, Scandinavian or Dutch national with property in Spain, our probate lawyers in Torrevieja and probate solicitors in Moraira manage the complete process:
- Obtaining the Death Certificate (*Certificado de Defunción*) and the Last Wills Certificate (*Certificado de Últimas Voluntades*)
- Locating the Spanish will at the Notary's office and, if none exists, processing the declaration of heirs (*acta de notoriedad*)
- Preparing and signing the Deed of Acceptance of Inheritance (*Escritura de Aceptación de Herencia*) before a Spanish notary
- Filing inheritance tax (Modelo 650) with SUMA Gestión Tributaria within the 6-month deadline
- Paying Plusvalía Municipal (municipal capital gains tax) at the local Town Hall
- Registering the property in the heir's name at the Land Registry (*Registro de la Propiedad*)
- Cancelling the deceased's bank accounts, direct debits and utility contracts
We also prepare Affidavits of Spanish Law required by UK and Irish probate courts when a British or Irish national owned property in Spain.
The Probate Process in Spain: Step by Step
Unlike the UK or Ireland, Spain does not have a unified "probate court" system. Instead, the inheritance is processed through notaries, the tax office (SUMA) and the Land Registry. The typical timeline is:
- Weeks 1–2: Obtain the Death Certificate and Last Wills Certificate from the Ministry of Justice. If the deceased had a Spanish will, we collect the original from the notary who authorised it.
- Weeks 2–4: Gather all asset documentation — property *Nota Simple*, bank balances, vehicle registrations, debts — and prepare an inventory of the estate.
- Weeks 4–8: All heirs sign the Deed of Acceptance of Inheritance (*Escritura de Aceptación de Herencia*) before a notary. Heirs abroad can attend via Power of Attorney (*poder notarial*) — we coordinate apostilles and legalisations.
- Weeks 4–8: File inheritance tax (Modelo 650) with SUMA Gestión Tributaria (Alicante provincial tax office). The Valencian Community offers a 99% reduction for spouses, children and parents.
- Weeks 8–12: Pay Plusvalía Municipal at the Town Hall and register the property transfer at the Land Registry.
Total duration: typically 3–4 months when all heirs cooperate, or longer if there are disputes.
Probate for UK Nationals with Property in Spain
If a British national dies owning property on the Costa Blanca, a dual probate process is usually required — one in the UK and one in Spain. Here is how we coordinate both:
- UK side: The executors apply for a Grant of Probate at the Probate Registry. The UK court often requires an Affidavit of Spanish Law confirming how Spanish succession law applies to the Spanish assets — we prepare this document.
- Spain side: Once we have the Grant of Probate (apostilled and sworn-translated into Spanish), we process the Spanish inheritance: acceptance deed, inheritance tax filing with SUMA, and Land Registry transfer.
- Choice of applicable law: Under EU Succession Regulation 650/2012, British nationals can choose English/Scots law to govern their entire estate via a *professio juris* clause in their will. Post-Brexit, UK nationals are treated as third-country nationals but the Regulation still applies in Spain.
- Avoiding forced heirship: Without a *professio juris*, Spanish forced heirship rules (*legítima*) may apply, reserving two-thirds of the estate for children.
We work with UK solicitors and probate registries regularly to ensure a seamless cross-border process.
Inheritance Tax on the Costa Blanca: What Heirs Pay
Inheritance tax in the Valencian Community (province of Alicante) is administered by SUMA Gestión Tributaria and benefits from generous regional reductions:
| Relationship | Reduction | Effective Rate |
|---|---|---|
| Spouse, children, parents | 99% | Near zero for most estates |
| Siblings | Up to 50% | Moderate |
| Non-relatives | 0% | Standard progressive 7.65–34% |
Key deadlines:
- 6 months from the date of death to file Modelo 650
- Extension of 6 additional months available if requested within the first 5 months
- Late filing: surcharges of 5–20% plus interest
These reductions apply to both residents and non-residents of Spain following the CJEU ruling (Case C-127/12). We handle the full SUMA filing and ensure you benefit from every available reduction.
Frequently Asked Questions
Do I need a probate lawyer in Torrevieja if I live in the UK?
Yes. Spanish probate must be processed locally — a UK solicitor cannot handle the Spanish side. You can grant us a Power of Attorney so you don't need to travel to Spain. We coordinate with your UK solicitor for the Grant of Probate and affidavit.
What is an Affidavit of Spanish Law and when is it needed?
An Affidavit of Spanish Law is a sworn statement by a Spanish lawyer explaining how Spanish succession law applies to the deceased's Spanish assets. UK and Irish probate courts require it before issuing a Grant of Probate that covers Spanish property. We prepare these affidavits regularly.
How much inheritance tax do I pay in Torrevieja?
Torrevieja is in the Valencian Community, which offers a 99% reduction for spouses, children and parents — meaning you pay close to zero. Siblings get up to 50% reduction. Non-relatives pay standard progressive rates (7.65–34%). Both residents and non-residents benefit from these reductions.