The Probate is the process by which the necessary legal steps are taken from when a person passes away until their assets are transferred to the heirs.

It is a painful process as it involves the loss of a loved one, but whose resolution can often be critical to ensure the surviving family’s financial situation is taken care of, so you should be in the hands of professionals.

At Abad & Associates we have extensive experience in fulfilling the last wishes of the deceased and to get their assets in Spain to their rightful heirs. We are prepared for any probate of any size or complexity, and we often act as executors ensuring that the last will of the deceased is satisfied, performing all legal and tax formalities to complete the process without any tension.

Our knowledge on the subject makes Spanish Courts often appoint us as Accountants-Splitters to implement the law that applies to probate proceedings, particularly in complex matters.

Probate in Spain

Probate is the process by which the necessary legal steps are taken from when a person passes away until their assets are transferred to the heirs.

It is a painful process as it involves the loss of a loved one, but whose resolution can often be critical to ensure the surviving family’s financial situation is taken care of, so you should be in the hands of professionals.

At Abad & Associates we have extensive experience in fulfilling the last wishes of the deceased and to get their assets in Spain to their rightful heirs. We are prepared for any probate of any size or complexity, and we often act as executors ensuring that the last will of the deceased is satisfied, performing all legal and tax formalities to complete the process without any tension.

Our knowledge on the subject makes Spanish Courts often appoint us as Accountants-Splitters to implement the law that applies to probate proceedings, particularly in complex matters.

FAQs

Once the intestacy case is in procedure, the only case in which the Spanish Government would keep the inheritance of the deceased would be if there were no descendants , ascendants nor collaterals up to 4th degree(Cousins, Second degree Uncles/Aunts ( brothers/sisters of the grandparents) and second nieces/ nephews ( grandkids of the brothers/sisters of the deceased).

Depending on the complexity of the process between a maximum of 6 months to a year. In any case, the bigger the inheritance and the number of inheritors and depending on the deceased’s testamentary dispositions, succession processes can take much longer.

Since the succession procedure will be according to the Spanish legislation since the deceased was a Spanish resident and all the heritage was in our country, following the doctrine of the Supreme Court, the law applicable to the succession would be Spanish, and therefore all children, without discrimination, shall be ” forced heirs” and have a number of rights provided by law.

Where the deceased had his regular residence. In this regard, it is considered that the deceased was regularly resident in the territory where he lived more days in the last five years before his/her death, with the exception of the Basque Country and Navarra.

In this case we recommend you grant the maximum power of attorney to a firm specialized in Spain to handle the probate process on your behalf. Abad & Asociados Abogados can arrange these powers to act on your behalf without having to travel.

In this case, the country of residence of the deceased regulates the succession.