WILLS, INHERITANCE & ESTATE DISPUTES
obtaining "probate" in spain / intestacy
At DRM Abogados we offer a prompt and efficient Probate Service in Spain and represent many international clients. We offer a complete service relieving you and your client of what can be an onerous task at a time when you have lost someone close to you and explaining the Law and processes involved in a clear and transparent manner.
We are able to provide a service that ensures that you don't need to travel to Spain if you don't want to. We will undertake the entire process on your behalf and keep you updated at every stage of the way.
Getting Probate in Spain is very different to doing so in the UK. Spanish rules and procedures have been inherited from classical Roman times and have been very much influenced by Spain's Catholic tradition and heritage. For starters, it is called the “Inheritance Process” (and not “Probate”) and the procedures involved are very formal and strict. In almost all cases, it requires the intervention of a Public Notary and the drafting and preparation of various documents detailing the assets and beneficiaries involved. The process can last between 2 and 4 months in total.
If you don't know whether you are a beneficiary under a Spanish Will, we can investigate this matter on your behalf. In Spain, all Wills must be registered in a Central Registry based in Madrid. This Registry is public and whilst it does not hold copies of all Wills, it will assist in determining where a Will is being held and how to access it if you have a legitimate potential claim against the Estate.
Once we have gathered all of the necessary documentation we will commence work, identifying all assets within the Estate, preparing the necessary inventories and drafting the legal paperwork, submitting the Inheritance Tax returns, settling all outstanding debts of the Estate, arranging payment to the Beneficiaries, arranging the sale of assets if necessary, and advising you on how to minimise the Inheritance Tax payable if possible.
In cases where the Deceased has not left a Will in place, the Spanish rules on Intestacy will apply. There are clear provisions on how the process should be undertaken and who will inherit the Estate in the absence of a Will. In cases of Intestacy, the Law sets out who are the beneficiaries in the following order: the descendants (with no distinction made between children born in or out of wedlock, biological or adopted), the ascendants, the spouse, the siblings and from there on the nephews, aunts or uncles. Only when a person dies without any relatives, will the Spanish State inherit the Estate.
If you would like to discuss your case in more detail, please call us today on (+34) 952 78 04 54 or contact us online for a free consultation without any obligation and we’ll get back to you as quickly as possible.
We are able to provide a service that ensures that you don't need to travel to Spain if you don't want to. We will undertake the entire process on your behalf and keep you updated at every stage of the way.
Getting Probate in Spain is very different to doing so in the UK. Spanish rules and procedures have been inherited from classical Roman times and have been very much influenced by Spain's Catholic tradition and heritage. For starters, it is called the “Inheritance Process” (and not “Probate”) and the procedures involved are very formal and strict. In almost all cases, it requires the intervention of a Public Notary and the drafting and preparation of various documents detailing the assets and beneficiaries involved. The process can last between 2 and 4 months in total.
If you don't know whether you are a beneficiary under a Spanish Will, we can investigate this matter on your behalf. In Spain, all Wills must be registered in a Central Registry based in Madrid. This Registry is public and whilst it does not hold copies of all Wills, it will assist in determining where a Will is being held and how to access it if you have a legitimate potential claim against the Estate.
Once we have gathered all of the necessary documentation we will commence work, identifying all assets within the Estate, preparing the necessary inventories and drafting the legal paperwork, submitting the Inheritance Tax returns, settling all outstanding debts of the Estate, arranging payment to the Beneficiaries, arranging the sale of assets if necessary, and advising you on how to minimise the Inheritance Tax payable if possible.
In cases where the Deceased has not left a Will in place, the Spanish rules on Intestacy will apply. There are clear provisions on how the process should be undertaken and who will inherit the Estate in the absence of a Will. In cases of Intestacy, the Law sets out who are the beneficiaries in the following order: the descendants (with no distinction made between children born in or out of wedlock, biological or adopted), the ascendants, the spouse, the siblings and from there on the nephews, aunts or uncles. Only when a person dies without any relatives, will the Spanish State inherit the Estate.
If you would like to discuss your case in more detail, please call us today on (+34) 952 78 04 54 or contact us online for a free consultation without any obligation and we’ll get back to you as quickly as possible.