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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.

Legal tip 645. Husband died and no will nowhere
30 November 2011 @ 17:15

An answer to someone asking about procedure for property transfer in Spain. Her husband died in Spain , where he had his only real estate asset, he left no will neither in Spain or UK.

Spanish rules for the abintestato procedure and for legal heirs apply. 

Dear xxxxx:


A declaration of heirs in Spain will be enough to obtain the title for the property to be transfered to Mr. xxxxxxx´s legal heirs.



Documents that we will need will be:



- Death certificate ( I asssume this is in Spanish as he died here)
- Certificate from Spanish last wills registry on the non existence of will in Spain.
- Birth certificate of sons
- Deatth certificate of sons if anyone has died
- Marriage certificate
- Local Council registration of dwelling of residency card to prove last residency of the deceased.


English documents need to be translated into Spanish with the Hague apostille. A couple of witnesses who knew personal and family cirumnstances of the deceased are also necessary to be present.

Once the Notary issues the ab intestato deed, 20 days need to pass before starting the final procedure of division and adjudiciation of the inheritance.

If there are discrepancies ampong legal heirs, a judicial procedure will be necessary.


Taxes to be paid depends on tax value of the property.



Please let us know if you have further questions,



Kindest regards,



Zahara de la Sierra

"Zahara de la Sierra", Cadiz, Spain, by oscardodo, at

Like 0


amanda falagan garmon said:
23 January 2012 @ 12:37

my elderly parents own a flat in spain, they are not spanish residents. if one of them dies what happens to the flat.

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