Administration of Estates in Spain (Spanish Probate)

Practical support for transferring Spanish assets after a death

When someone passes away and they own a property or assets in Spain, transferring those assets to the rightful heirs requires careful navigation of Spanish legal and tax procedures.

While Spain doesn’t have a direct equivalent to UK probate, the process is equally important and often more complex when viewed from across the border.

Morr & Co guides families and personal representatives through every step of Spanish estate administration, combining UK legal expertise with deep knowledge of Spanish notarial and tax systems.

Whether a valid Will was made or not, we’ll help you transfer Spanish assets smoothly and compliantly.

Understanding Spanish estate administration

The heart of most Spanish estate administrations is the Escritura de Herencia (Spanish Deed of Inheritance) – a notarised document that formally transfers ownership from the deceased to their beneficiaries. In simpler cases involving only bank accounts or financial assets, a full Escritura may not be required, but the same rigorous approach applies.

What makes Spanish estates challenging for UK-based families is not just the language barrier. It’s the interaction between two different legal systems: differing succession rules, tax regimes that don’t always align, and procedural requirements that can feel unfamiliar.

That’s where our Anglo-Spanish expertise make the difference.

How can Morr & Co help with Spanish estate administration?

We provide end-to-end administration services tailored to your circumstances:

• Strategic planning and document review – we begin by assessing your documents and situation, identifying potential complications early and creating a clear roadmap for what needs to happen next.
• Spanish Inheritance Tax (ISD) management – Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) works differently from UK inheritance tax. We obtain initial and final tax calculations, ensuring you understand your obligations and any available reliefs or exemptions.
• Legalisation and translation services – UK grants of probate or letters of administration must be properly prepared for use in Spain. We coordinate all necessary translation, Apostille legalisation and formal recognition procedures.
• Spanish registry searches – we conduct thorough searches at the Spanish Land Registry (Registro de la Propiedad) and the Central Wills Registry (Registro General de Actos de Última Voluntad) to establish exactly what assets exist and whether a valid Will was registered in Spain.
• Spanish Powers of Attorney – to handle matters efficiently without requiring repeated travel to Spain, we prepare Spanish Powers of Attorney (Poderes), enabling trusted representatives to act locally on your behalf.
• NIEs for heirs – beneficiaries and personal representatives will need an NIE (Número de Identidad de Extranjero) – a Spanish foreigner identification number. We manage these applications as part of the wider process.
• Bank account administration – we liaise with Spanish banks to obtain official date-of-death balance certificates (Certificados de Posiciones) and coordinate the transfer or closure of accounts once tax clearances are obtained.
• Notary coordination – Spanish notaries (Notarios) play a central role in estate administration. We brief them thoroughly to ensure the Escritura de Herencia is accurately prepared and properly executed, avoiding delays or errors that could complicate matters later.
• Property registration and tax completion – we oversee the registration of transferred property ownership and monitor all tax payments through to final completion, providing you with clear statements of account and post-completion documentation.
• Complex estate support – for estates involving charitable beneficiaries, intestacy, or complicated family circumstances, we extend our service to include coordination with genealogists, preparation of Certificates of England and Wales law, or arranging Spanish Declarations of Heirs (Declaraciones de Herederos).

Our network and collaborative approach

We work through a trusted network of Spanish professionals we know and have worked with directly – administrative agents (Gestores), tax advisers (Fiscalistas), and specialist lawyers (Abogados). Where the appointment of a notary (Notario) is open to choice, we can draw on trusted contacts.

Our approach is genuinely collaborative. We work alongside UK and Spanish professionals to provide targeted Anglo-Spanish support – stepping in to resolve procedural difficulties, bridge gaps between the two systems, or take full conduct when needed.

If you or your referrer don’t have a UK private client adviser involved, or where cross-border complexity makes a handover preferable, we can connect directly with our specialist Private Client department at Morr & Co. This ensures seamless handling of all aspects of the estate, with the same technical rigour you’d expect.

We’re trusted by firms in both jurisdictions precisely because we don’t poach. We step in, resolve the cross-border elements and hand matters back smoothly once the Spanish work is complete.

When to seek our advice on a Spanish estate

You may need our support if:

• A UK-based personal representative or beneficiary needs to transfer Spanish property into their name
• You’ve inherited Spanish bank accounts or financial assets and aren’t sure how to access them
• A relative passed away owning Spanish assets without a Spanish Will
• You need to regularise or sell inherited Spanish property to settle the estate
• You require formal recognition in Spain of a UK grant of probate or letters of administration
• The estate has stalled and you need specialist cross-border guidance to move things forward

Get in touch with our Spanish probate lawyers

If you’re dealing with a Spanish estate or need guidance on what to do next, contact our Spanish Property and Inheritance team.

We’ll outline the process, provide an estimate of costs and timescales and guide you through each step with clarity and discretion.