English speaking probate & inheritance lawyers in Spain

English-speaking attorneys advising you on Spanish inheritance procedures, inheritance tax matters, and the sale of your real estate assets, based in Palma de Mallorca (Balearic Islands) and registered with the Spanish Bar Association, serving clients residing abroad.

Contact a Spanish probate & inheritance lawyer in Spain

law firm specialised in cross-border probate in spain

As specialists in Spanish inheritance law for international clients, we manage the entire probate process on your behalf—from the first legal formalities to the final registration of the property—ensuring a smooth, efficient and fully compliant procedure. You will not need to travel to Spain, as we take care of all steps for you.

1. Legal Formalities

We begin by handling every legal requirement needed to open the inheritance:

  • Collecting all necessary documents, including the death certificate, will, property title deeds, and bank information

  • Legalising and translating foreign documents when required

  • Obtaining a NIE (Número de Identificación de Extranjero) for all beneficiaries

  • Determining whether the deceased left a Spanish will by searching the Spanish Central Wills Registry

  • Preparing a complete inventory and valuation of all Spanish assets

2. Notarial Procedures

We act on your behalf before all relevant authorities:

  • Managing all notarial formalities and coordinating with Spanish notaries, such as spanish deeds

  • Communicating with banks, land registries, and local authorities

  • Addressing issues of foreign law that arise during the inheritance

  • Handling negotiations with other heirs or potential claimants

3. Inheritance Tax & Municipal Capital Gains Tax

We take care of all tax-related matters:

  • Calculation and payment of Spanish inheritance tax for residents and non-residents

  • Filing the municipal capital gains tax (plusvalía municipal)

  • Ensuring that all tax obligations are met correctly to avoid penalties or future complications

4. Property Registration & Final Distribution

Once taxes and notarial documents are completed, we proceed with:

  • Registering the inherited property in the beneficiaries’ names

  • Completing the final distribution of the estate according to the will or intestacy rules

  • Managing the sale of the Spanish property if the heirs prefer to sell, and distributing the proceeds accordingly

  • Distribution of the money in the accounts

Inheritance lawyer in Spain

Spanish will lawyer

Our lawyers do not simply draft your Spanish will. We work closely with you to plan your estate properly, ensuring that your wishes are respected while avoiding future disputes, legal challenges, and unnecessary penalties or fines.

In particular, we assist you with:

  • Drafting your will in full compliance with the applicable law and Spanish forced heirship rules (legítimas), where applicable

  • Structuring your estate to minimise the risk of conflicts, litigation, or claims between heirs

  • Advising you on the most appropriate type of will to draft according to your personal, family, and international situation.

Spanish lawyer for estate planning

Our estate planning lawyers in Spain help you structure and protect your wealth with a long-term perspective, always aiming for legal certainty, efficient succession planning, and the most tax-efficient outcome possible under Spanish law.

We provide strategic legal advice on:

  • Coordination of Spanish and foreign wills to avoid conflicts, duplication, or unintended legal consequences

  • Marriage property regimes under Spanish law, including their impact on assets and succession planning

  • Asset structuring and usufruct rights, ensuring your estate is organised in a clear, secure, and legally sound way.

Spanish lawyer for gifts

Our lawyers in Spain take care of the entire process for you, from start to finish, ensuring that your gift is structured correctly and in the most tax-efficient way possible.

We assist you with:

  • Making tax-efficient gifts to your children, spouse, or any other beneficiary

  • Drafting the gift deed and arranging its signature before a Spanish notary on your behalf — no need for you to travel to Spain

  • Paying the corresponding gift taxes and handling all related tax filings

  • Registering the property or asset in the recipient’s name.

Spanish inheritance tax experts

Spanish inheritance tax is filed through a self-assessment system, and the exemptions that may apply depend on several factors, including:

  • The region of Spain (Comunidad Autónoma) where the beneficiary is tax resident, or the location of the inherited assets when the beneficiary is not resident in Spain.

  • The kindship
  • The preexisting assets in Spain
  • etc.

To make matters even more complex, there have been several changes to exemption rates and their application to non-residents in the last three years, following multiple decisions by both the European Court of Justice and the Spanish Supreme Court. These rulings have significantly modified how non-resident heirs are taxed.

As part of our service, we also evaluate how the inheritance valuation will affect future capital gains tax, an aspect that is frequently overlooked but extremely important for beneficiaries who may sell the inherited property later on.

In addition, there are no agreements to avoid double taxation between Spain and some countries.

Our spanish tax services include:

  • Tax optimisation in Spain for inheriting assets
  • Filing and Payment of Inheritance Tax in Spain
  • Tax-efficient estate planning
  • Advice on inheritance and gift tax issues
  • Calculation of inheritance tax in Spain

Spanish taxes that do not exist in other countries

In Spain, heirs must deal not only with inheritance tax, but also with a tax known as the municipal capital gains tax (plusvalía municipal, not to be confused with capital gains tax on the sale of property). This municipal tax is levied by Spanish town councils on the transfer of urban land and, in some cases, can exceed the amount of the inheritance tax itself.

Depending on how the estate is divided among the heirs, you may also be liable for an additional tax known as the transfer tax (Impuesto sobre Transmisiones Patrimoniales).

More Than 17 Different Tax Regimes and Authorities in Spain

Spain’s tax system is particularly complex because taxes vary not only at the national level, but also across the Autonomous Communities and even the municipalities. Each Autonomous Community sets its own inheritance tax rules, resulting in more than 17 different tax regimes applicable across the country.

The Spanish Notary’s Role Is Different in Tax Matters

It is essential to understand that a Spanish notary is not required to advise you on tax matters. Nor is the notary responsible for preparing or filing the inheritance tax return on your behalf, or for ensuring that the corresponding taxes are paid. For this reason, it is crucial to rely on a specialist lawyer who can guide you through the entire process and ensure full compliance with your tax obligations.

 

Lawyers for estate administration & will execution services in Spain

If you’re used to the probate system (as in the UK or US), Spanish inheritance may seem confusing.

There’s no probate court, and no automatic executor or administrator appointment.

In Spain, heirs must proactively accept the inheritance and sign the deed of partition before a notary by themselves.

Nevertheless, you do not need to do this alone.

Our firm helps heirs, executors and administrations abroad by:

  • Handling all documents, taxes, and registry updates.

  • Acting as representatives or administrators for the estate.

  • Ensuring fair division and compliance with Spanish and regional law.

With our help, you won’t need to travel to Spain — we manage everything locally on your behalf.

appoint a Spanish lawyer as executor or estate administrator for assets in spain

Legally sound wills that avoid future disputes

Efficient estate partition and asset registration

Full support for foreign heirs and executors

Offer remote representation—you don’t need to travel

what to expect from your first meeting with a spanish inheritance attorney ?

During your first appointment, we will address all your questions and provide a clear overview of the process ahead.

Our international law firm handles all types of estates anywhere in Spain, from straightforward inheritances to large and complex cross-border estates. For exemple:

  • An estate with a Spanish will, a sole heir, and assets in Spain such as a property and a bank account.

  • An inheritance involving a surviving spouse and several children, where the distribution of shares in Spanish property must be carried out in accordance with applicable law.

  • A cross-border estate involving multiple jurisdictions, several applicable legal systems, and assets located in different countries.

  • An inheritance with multiple properties in Spain and several heirs, governed by Spanish law and subject to forced heirship rules (legítima).

  • An estate with no Spanish will, where a foreign applicable law must be applied to assets located in Spain.

 

You do not need to come prepared with the “right” questions. We have managed hundreds of Spanish probate cases, and we will guide you step by step, explaining everything in a clear and reassuring way.

Following our consultation, we will send you a written quotation outlining the complete inheritance procedure from start to finish.

book an appointment with a inheritance and tax inheritance lawyer

Book 1 hour appointment with our lawyers to discuss your case in person at one of our our offices, Zoom, Whatsapp, Microsoft Teams, GoogleMeets…) matter related to inheritance, probate or estate in spain.

In any case, a simple e-mail will do the job. 

1 hour legal consultation to discuss any of the following matters:

  • Spanish probate
  • Spanish Inheritance tax

The cost of the consultation is €250+TVA.

If you decide to hire us for any of these services, the consultation fee will be fully deducted from your final bill.

Book a consultation with an inheritance lawyer in Spain

Common questions about spanish probate and inheritance

How long probate takes in Spain?

Spanish probate usually takes between 6 to 12 months to complete, or more depending on the circumstances. However, heirs must file and pay the inheritance tax within a strict statutory deadline of six months from the date of death, although this period can be extended up to one year.

Administrative costs typically include notary fees ranging from €1,000 to €1,500, Land Registry fees of about €500- 800, and an average of €300 for sworn translations and legalizations. These baseline costs do not include professional legal fees or the actual inheritance taxes, which vary widely depending on the estate’s value.

Unlike the court-supervised Anglo-Saxon system, Spanish probate is a direct a notarial procedure where assets do not automatically transfer to the beneficiaries. Heirs must expressly accept the inheritance by signing a formal public deed before a notary to legally acquire the assets and assume any liabilities.

You cannot avoid paying the inheritance tax, but proper planning and the generous bonuses offered by Autonomous Communities like Madrid, Andalusia, and the Valencian Community allow you to avoid overpaying the tax office, provided no mistakes are made.

It is based on:

  • The value of the assets in Spain

  • The relationship between the deceased and the heir

  • The Autonomous Community’s tax rules

  • Applicable exemptions and reductions

  • Preexisting assets in Spain 

 

Each region in Spain has its own tax regime, so the amount varies widely.

It is strongly recommended. A Spanish lawyer can handle the entire procedure for you, including notary work, tax filings, and registration, which is difficult to manage from abroad.

Yes. Everything can be done through a Power of Attorney, so you do not need to travel. We can represent you before notaries, banks, and authorities on your behalf.

Granting a Power of Attorney (PoA) to a legal representative can cost between €150 and €500 depending on the circumstances, such as the physical presence of the grantor, if it is done remotely, or via a consulate. To save on extra translation costs, it can often be drafted in a double-column format (e.g., Spanish and English) if both the notary and the grantor understand the languages.

The property does not automatically transfer; heirs must formally accept the inheritance before a notary and settle all associated inheritance and local capital gains taxes. After signing the deed, the new title must be updated in the Land Registry, which is a required step before the heirs can legally sell or mortgage the house.

The national inheritance tax is progressive, with base rates ranging from 7.65% up to 34%, which are then adjusted by multipliers based on the heir’s kinship group and pre-existing wealth. However, the final amount due varies drastically by region, as many Autonomous Communities apply massive allowances that practically nullify the tax for direct descendants.

The Anglo-Saxon legal concept of a court-issued «Grant of Probate» does not exist in Spanish law, as estates are handled directly through a notary. However, if a British national dies using only an English will to pass on Spanish assets, Spanish authorities will typically require the UK Grant of Probate, properly apostilled and translated, to process the estate.

Yes, as an heir you are legally obligated to file and pay the Spanish Inheritance and Gift Tax (ISD) within six months of your parent’s death. The exact amount you must pay depends heavily on the specific Autonomous Community where the property is located and the tax exemptions available to descendants.

Foreign heirs must first obtain a Spanish Foreigner Identification Number (NIE) or a Tax Identification Number (NIF), depending on the circumstances, to legally sign the inheritance acceptance deed and pay the required taxes. Once the inheritance tax and local municipal plusvalía tax are settled, the property can be registered in your name at the Land Registry, allowing you to freely sell or use it.

Yes, you can gift your house during your lifetime, but this transaction is subject to the Spanish Inheritance and Gift Tax (ISD). Just like with inheritances, many Spanish regions offer significant tax deductions and allowances for lifetime gifts made to direct descendants, making it a viable tax planning strategy.

Under the EU Succession Regulation 650/2012, the default rule is that your entire estate is governed by the law of the country where you had your habitual residence at the time of death. However, the new rules allow expatriates to explicitly elect the law of their nationality in their will, effectively overriding Spanish forced heirship rules and granting testamentary freedom.

To locate a Spanish will, you must request a «Certificate of Last Wills» from the Ministry of Justice, which can only be done after 15 working days have passed since the death. This official document confirms whether the deceased registered a will in Spain and identifies the specific notary holding it, allowing you to request an authorized copy.

Finding a will in Spain

To find a will in Spain, you must wait 15 working days after the death and apply for a Certificado de Últimas Voluntades. This document will reveal if a will exists and which notary you need to contact to obtain an authorized copy.

No will in Spain

If the deceased did not leave a will, the succession follows intestacy rules, and a notary must process a formal «Declaration of Heirs» (Declaración de Herederos Abintestato). This procedure legally identifies the rightful beneficiaries according to the order of succession defined by the law of the deceased’s last habitual residence.

Yes, a Spanish will is internationally valid. As a general rule, since the entry into force of the European Succession Regulation, making multiple wills is not recommended. However, in the case of British and US citizens, this possibility should be carefully analyzed according to their specific circumstances, and drafting a limited Spanish will exclusively for Spanish assets (a «simpliciter» will) may still be highly advisable.

An English will is legally valid in Spain, but executing it directly is highly bureaucratic and heavily delays the inheritance process. It must be legalized with a Hague Apostille, officially translated by a sworn translator, and usually accompanied by a UK Grant of Probate before Spanish notaries will accept it.

Yes, an English will can legally cover your Spanish property if it is drafted to include your worldwide assets. As a general rule, since the entry into force of the European Succession Regulation, making multiple wills is not recommended. However, in the case of British and US citizens, this possibility should be carefully analyzed according to their specific circumstances, and drafting a limited Spanish will exclusively for Spanish assets (a «simpliciter» will) may still be highly advisable.

contact a spanish inheritance lawyer to handle your estate in spain from start to finish

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