Probate procedure of foreigners in Spain

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07 Jul 2008 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar
A) Why and when to probate in Spain? 
Some steps must be taken in order to see who is the heir of that asset in Spain and to have the asset fully and dully registered under the name of the heir in the Land Registry so the heir can enjoy a full and secure ownership on it. Till this is done, the asset cannot be sold and if a bank account is also left in Spain by the inheritor, that account will be frozen for the time by. 
b) Previous steps to be taken: 
I) Death certificate: If the deceased died in Spain, the death certificate can be obtained at the Civil Resgitry of the town where he/she died. The civil Registries in Spain are communly located in Courts or in the Town Hall ( for small villages). As an advise: ask for 4 or 5 copies of that for the different needed managements. If the testator died in the UK or any other foreign country, the death certificate needs to be obtained there,  trasnlated into Spanish and apostilled with the Hague stamp.
II) Certificate of the Last Will Registry: In order to see if there is a will or what is the last will a person made. The Death Certificate is required and you need to send an application which used to be sold in Estancos ( tobacconist´s) and are now obtained online. A lawyer or a “ gestor” can do it for you. 

If there is a Foreign Will:
III) Foreign will, translated and apostilled
IV) Letters of probate translated and apostilled

 If there is a Spanish Will:

V) A authentic copy of the foreign will is required ( the copy who was handed to the testator- copia simple- is not enough) ....

*Who can apply for the authentic copy of the will? 

 Just those people which inheritance rights according to the will, the legal heirs, or those entitled to rights in the inheritance if there was no willl. 

*How can this be obtained? They need to personally attend the Notary offices with the identification document  or send a letter of authorisation to a proxy person with a signature notharised by your local Notary.

If there is no will:
VI) A declaration of intestacy is needed, in the country of nationality of deceased.

c) How to adjudicate?
The heirs need to sign the Notary deed of heir adjudication, either in person or by Proxy.
 
d) How expensive is to be a heir in Spain. Inheritance tax.
I) Who pays? .- The tax is paid by each one of the persons who receive a portion or something in the inheritance, by inheritance or by legacy. 
II) How much is the IHT in Spain? .- It depends on different aspects:
 
a) The value of the goods acquired by inheritance. It is a progressive scale. The higher the value of the portion or legacy the more to pay. 

b) Family relationship with testator: The further the relationship is the more to pay. There is a minimum exempt amount for  close relatives ( it varies yearly).
 
c) Previous patrimony of heir: if the heir has a previous patrimony, it is more expensive. 
d) The family business or the family home are less charged if the heirs are spouse or children of deceased.
The tax needs to be paid within 6 months to prevent recharges. 
 As a document for the payment of taxes, the Notary deed of heir adjudication is enough, even just a mere " list of goods" is enough, so you can avoid Notary fees.

 You can auto-calculate the tax amount or  just can provide data to the Treasure for the calculation.
If there is Real Estate among the inheritance goods, the Plusvalía will also have to be paid. For doing so, you need to go to the Local Council where the estate is located.
 


_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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29 Mar 2009 12:25 PM by NeilinElche Star rating in Elche. 40 posts Send private message

I believe it's best to get a proffessional to deal with probate, especially if you don't have a good command of the Spanish language. There's quite a lot of running around to do, and the probate process for non resident beneficiaries now requires a trip to Madrid in order to present the documenation associated with the succession tax payment. Expect to pay your representative €1,000 - €2,000, which is comparable with the fee you'd normally pay in the UK for a solicitor to obtain probate.  



_______________________
Neil Jenkins Stalwart Wealth Maangement - www.stalwartwealthmanagement....



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28 Apr 2009 7:51 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar

Oh yes. Of course is very much needed to have a lawyer to deal with probate, specially with this private international rules involved, in orde to see what Law applies, how, and to save you time and worries. 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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25 Jul 2011 1:31 PM by roz1972 Star rating. 8 posts Send private message

hi does anyone know the the mail address for the civil regisrty in seville spain as i need a death certificate thankyou





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25 Jul 2011 1:35 PM by roz1972 Star rating. 8 posts Send private message

hi does anybody know the email address for the civil registry in seville in spain thanyou





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25 Jul 2011 1:39 PM by campana Star rating in Marbella. 474 posts Send private message

campana´s avatar

C/ Vermondo Resta, 2, Sevilla
Phone:  955 043 147

No email address.

 

 





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25 Jul 2011 7:45 PM by roz1972 Star rating. 8 posts Send private message

hi does anyone know a website where i can order a spainish death certificate from i live in the uk





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25 Jul 2011 8:54 PM by campana Star rating in Marbella. 474 posts Send private message

campana´s avatar

Once again:

 

Oficina Registro Civil (Sevilla)

  • Nombre: Oficina Registro Civil (Sevilla)
  • Dirección: Vermondo Resta, s/n. Edificio Viapol 41071
  • Provincia: Sevilla
  • Pais: España
  • Teléfono: 955043146 Fax: 955043135
  • Email:
  • Url:




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