Posted in: Civil Law, Legal, Wills and Testaments
When someone dies leaving property in Spain, the family often wants to know two things very quickly. First, how long Spanish probate takes, and second, whether it is possible to sell the property before the probate process has been completed.
These are common questions for families dealing with an inheritance, particularly when the heirs live abroad or when the property is no longer needed. Spanish inheritance procedures can seem complicated at first, but understanding the process can help avoid unnecessary delays and mistakes.
In Spain, the inheritance process is usually handled by a notary rather than a court, provided there are no disputes between the heirs. This makes the process generally faster than in some other countries.
In straightforward cases, probate can often be completed within six to twelve weeks once all the necessary documents are available. However, the total timeline can vary depending on several factors, including:
If the deceased owned assets in Spain but lived abroad, additional paperwork may be required from the country where they lived, which can extend the process.
The simplest probates are always those with a Spanish will.
It is also important to note that Spanish inheritance tax must normally be declared within six months of the date of death, although extensions may sometimes be available, but must be applied for by the end of the fourth month after death.
Although the term “probate” is widely used by English-speaking clients, the Spanish process is slightly different. The procedure involves identifying the heirs, accepting the inheritance, and transferring the assets into the heirs’ names.
This usually involves several steps, including:
In most situations, a property cannot be sold until the inheritance has been formally accepted and the ownership has been transferred to the heirs.
This is because the Land Registry will still show the deceased person as the owner of the property. In order to sell the property legally, the heirs must first be registered as the new owners.
However, there are ways in which the process can be managed efficiently so that a sale can proceed without unnecessary delays.
For example, in some cases the inheritance deed and the sale of the property can be arranged on the same day before the notary. The heirs first sign the inheritance documents, and the property is then immediately sold to the buyer.
This approach is quite common when heirs do not wish to keep the property and prefer to sell it. We can also accept the deposit in some cases to cover most of the probate costs in advance.
If several people inherit the property together, they will usually become joint owners once the inheritance is completed.
The heirs must then decide whether to keep the property jointly, transfer it to one of the heirs, or sell it and divide the proceeds.
If all heirs agree, the property can be sold without difficulty. However, if there is disagreement between the heirs, the situation can become more complicated and legal advice may be required.
For many families, keeping an inherited property in Spain is not always practical. Common reasons for selling include:
Selling the property after probate is sometimes the most straightforward solution. But often one owner may prefer to buy the others out.
Can I sell an inherited property before probate in Spain?
In most cases, a property cannot be sold until the inheritance has been formally accepted and the heirs are registered as the owners. However, the inheritance and the property sale can sometimes be completed on the same day.
How long does probate take in Spain?
It can take from a couple of months to many years depending on how complicated the paperwork situation is.
Do I have to go to Spain for probate?
No. Almost all heirs choose to grant a Power of Attorney to a solicitor, allowing the inheritance process to be completed on their behalf without travelling to Spain.
Do all heirs need to agree to sell inherited property in Spain?
Yes, generally all heirs who inherit the property must agree to the sale and sign the documentation before the notary. But we can assist with legal options to resolve the situation.
Can inheritance tax delay the sale of property in Spain?
Yes. Inheritance tax must normally be paid before the property can be registered in the heirs’ names. However we can assist with solutions if contacted regarding this.
What happens if someone dies in Spain without a will?
If no will exists, the inheritance process becomes more complex. The heirs must provide a certificate of succession or letters of administration and this takes much longer than if there was a Will.
What documents are needed for probate in Spain?
Typical documents include the death certificate, the will (if one exists), identification documents for the heirs, and details of the assets belonging to the deceased. We will provide you with a list on request.
Getting Advice Early
The inheritance process in Spain is usually manageable when handled correctly, but delays can occur if documents are missing or if the procedure is not organised properly.
Taking advice early can help ensure that the inheritance is completed efficiently and that the property can be transferred or sold without unnecessary complications.
If you have inherited a property in Spain and would like advice on the probate process or the sale of the property, you can contact us through our website. Although we are based in Elche and Orihuela Costa/Torrevieja we can assist with probates all over Spain.