What is probate and how does it work in Spain?

Losing a loved one is never easy, and dealing with legal matters can make an already difficult time even more overwhelming. This process becomes even more complicated when you have to navigate a legal system that you’re unfamiliar with, especially in another country.

If your loved one owned property or lived in Spain, you may be wondering what steps to take next. Probate in Spain is very different from the probate process in the UK, with its own legal requirements, formalities, and complexities.

At Gascón Bernabéu, our English-speaking lawyers are here to support you through every step of the Spanish probate process. We’ll help you understand the differences, manage the necessary paperwork, and guide you with care and expertise so you can focus on what truly matters during this sensitive time.

What is probate?

Probate is the legal process of managing and distributing a person’s estate (meaning their property, money, and possessions) after they die. It grants the legal right to deal with the deceased’s assets, ensures that any outstanding debts are paid, and distributes the rest of the deceased’s estate – either according to a will, or under the law (if no will exists).

To get probate, you must apply through the relevant authorities. However, it’s worth noting that not all estates need probate. For example, if the person who has passed away only had savings or jointly owned property, you may not need to apply. If there is a will, the executors named can apply for probate. If there is no will, the closest living relative can apply.

How does probate work in Spain?

The Spanish inheritance process actually has its roots in classical Roman traditions and is still very much influenced by Catholic heritage. Because of this, it is quite different from the probate system used in the UK. The “inheritance process”, as it is known, is a formal and structured procedure that involves the official participation of a Public Notary. This process requires a lot of paperwork regarding the assets and beneficiaries. Generally, it takes at least three months to complete, and due to the changing nature of this process, it’s important to seek relevant legal advice.

In Spain, the inheritance process (or “probate” as it’s known in the UK) must be completed if the deceased had assets in Spain or resided there. Typically, the probate process in Spain doesn’t require beneficiaries to travel. With the assistance of a Spanish solicitor, such as our team at Gascón Bernabéu, the entire process can be managed on your behalf while you focus on your family.

How can our English speaking solicitors help?

At Gascón Bernabéu, our English-speaking lawyers are here to guide you through every step of the Spanish probate process. We understand how overwhelming it can be to navigate a foreign legal system, especially after the passing of a loved one, so our team is dedicated to making the process as smooth as possible for you and your family.

Whether your loved one simply had assets in Spain or they were a resident, we can handle all aspects of Spanish probate for residents and non-residents. From explaining the terms of the will to gathering necessary documentation and managing complex legal tasks, you can trust us to help you take care of the details. We’ll draft a Power of Attorney, allowing us to handle the process on your behalf, including obtaining NIE certificates, which are essential for all beneficiaries.

If you would like to read more on our Spanish probate services, you can head to the Probate page for in-depth more detail of the process.

With our dedicated English-speaking team, we’ll ensure that your probate in Spain is completed efficiently and with the utmost care. If you’d like to speak to one of our solicitors, don’t hesitate to reach out. We offer confidential, no-obligation consultations where you can discuss your circumstances in confidence.

You can reach our Spanish probate lawyers via the form on our website, email us at info@gbabogados.co.uk, send a message through WhatsApp, or call us directly at +44 (0)20 3137 1320. We’re here to help.