Affidavits / Sworn Statements in Spain

Updated: October 2025

On occasions, you may need to evidence facts or confirm the truth of a statement for use in Spain or abroad. CostaLuz Lawyers can prepare the wording, handle the formalities, and deliver the sworn document you need.

What is an “affidavit” in Spain?

Spain does not use the common-law “affidavit” as such. The functional equivalents are:

• Declaración jurada (sworn statement), usually formalised before a Spanish Notary in an Acta de Manifestaciones.
• For establishing well-known facts or status, a Notary may use an Acta de Notoriedad.
• In administrative procedures, authorities may request a declaración responsable (statement under responsibility).

We draft the text and arrange the appropriate Spanish instrument so your statement has legal effect where it will be used.

Important: Spanish succession follows two distinct paths depending on whether the deceased left a valid will (testate) or not (intestate). The intestate path requires a Declaration of Intestate Heirs (Declaración de Herederos Abintestato) — a step not needed when a will exists. Learn more about the succession process →

Why might I need one?

• Wills & inheritance (heirship facts, family relationships, foreign probate facts).
• Family law (residence, income, child-related facts—subject to the court’s rules).
• Court matters (to support applications; note: Spanish courts prefer in-person testimony—written statements carry most weight when notarised).
• Administrative procedures (licensing, immigration, registries).
• Cross-border uses where a foreign authority asks for a “sworn affidavit”.

Who is qualified to issue it (under Spanish law)?

• The person who declares the facts is the one who makes the statement.
• Only a Spanish Notary (or a Letrado de la Administración de Justicia within court proceedings) can receive the oath/affirmation and give public-faith evidentiary value to the statement.
• Spanish lawyers (like our team at CostaLuz Lawyers) draft the statement, add any legal analysis needed, accompany you to the Notary, and, where appropriate, issue a legal opinion on the relevant Spanish law to attach to the notarial act. Lawyers do not administer oaths in Spain.

Can I get it in English and/or Spanish?

Yes. We can provide:

• Spanish version for notarisation in Spain.
• Bilingual (EN/ES) version for clarity.
• Sworn translation by a Spanish sworn translator (Traductor-Intérprete Jurado) if a foreign authority requires it.

What form does it take?

• A written statement drafted by us, then signed before a Notary and incorporated into an Acta Notarial (signed and sealed).
• You’ll receive PDF copies by email and the original notarial deed (copia autorizada) by courier/post.
• Apostille of The Hague can be obtained if the document will be used outside Spain.

How long does it take?

Typically 2–4 working days once we have your information and a Notary slot. Urgent turnarounds are often possible.

How much does it cost?

Fees depend on complexity (facts to prove, legal opinions, translations, apostille, urgency). Contact us for a fixed quote.

What we’ll need from you

• Purpose and jurisdiction where the document will be used.
• Draft facts in chronological order.
• ID (passport/NIE) and proof of address.
• Any supporting evidence (certificates, contracts, court orders, etc.).
• Language requirements and whether you need an apostille or sworn translation.

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Short answer to the key correction

Under Spanish law, lawyers prepare and advise; Notaries (or court officers) are the ones who administer the oath and give public-faith effect. We handle the whole process end-to-end so your “affidavit” is valid for its intended use.