If a foreign national passes away with assets in Spain — such as a house, bank account, or investments — their estate must go through Spanish probate procedures.
This applies whether or not the person was a Spanish resident.
In this guide, we explain how probate in Spain works for foreigners, how to manage succession efficiently, and how to avoid delays, disputes, or double taxation.
🪪 When Is Probate Required in Spain?
Probate is required when a deceased person (resident or non-resident):
-
Owned property in Spain
-
Held a Spanish bank account
-
Was named in a Spanish will
-
Left no will, but heirs claim Spanish assets
⚠️ Without completing Spanish succession procedures, heirs cannot legally access or transfer the deceased’s property or funds.
📜 Is There a Spanish Probate Court?
No — Spain does not have a formal probate court system like the UK or US.
Instead, Spanish succession is handled through:
-
Notaries for validating wills and inheritance deeds
-
Land Registries for updating property ownership
-
Tax authorities for inheritance tax assessment
Probate becomes a legal and tax administrative process, not a court proceeding.
📋 Step-by-Step Probate Process in Spain
Step 1: Locate and Validate the Will
-
Search the Spanish Wills Registry (Registro de Últimas Voluntades)
-
If there is a foreign will, it must be translated and apostilled
-
Determine which law applies (Spanish vs. national law)
-
Identify heirs and share percentages
Step 2: Gather Legal Documentation
-
Death certificate (apostilled & translated)
-
NIE for all heirs
-
Copy of passport/ID
-
Title deeds or asset records
-
Bank certificates (if accounts are included)
Step 3: Sign the Inheritance Deed Before a Notary
-
This is the formal document where heirs accept their share
-
Must be signed before a Spanish notary
-
May be done remotely via power of attorney
Step 4: Pay Inheritance Tax
-
File Modelo 650 or 652
-
Taxes are based on asset value, relationship, and regional laws
-
Payment must be made within 6 months of death
More here: Inheritance Tax in Spain for Foreigners
Step 5: Register the Inheritance
-
Real estate: Updated in the Land Registry (Registro de la Propiedad)
-
Bank accounts: Released after presenting notarial deed + tax proof
-
Vehicles or shares: Transferred with proper documentation
🌐 Applicable Law for Foreigners
According to the EU Succession Regulation (Brussels IV):
-
A deceased person can elect the law of their nationality in their will
-
If not, Spain’s forced heirship rules may apply, including required shares for children or spouses
This is why foreign wills must be drafted carefully to ensure they override Spanish default rules.
🧠 Common Issues in Cross-Border Probate
-
Conflicts between foreign and Spanish wills
-
Missing or expired NIEs
-
Delays in tax filings
-
No translation of key documents
-
Unregistered property or hidden debts
-
Disputes between heirs
🛑 These issues can freeze the estate for months or years if not handled professionally.
🧳 Do You Need to Travel to Spain?
Not necessarily.
Foreign heirs can:
-
Appoint a lawyer via power of attorney
-
Sign inheritance documents remotely
-
Authorize tax payments and registrations without visiting Spain
🗂️ With proper legal representation, Spanish probate can be completed 100% remotely.
👨⚖️ How Borderless Lawyers Can Help
We manage probate and succession for international clients, including:
-
Searching for Spanish wills and verifying their validity
-
Applying for NIEs
-
Drafting and signing inheritance deeds
-
Coordinating tax filings and deadlines
-
Registering inherited property, funds, or assets