Quick Answer
To complete probate in Spain, foreign heirs need: death certificate (apostilled if foreign), Certificate of Last Wishes, the will (apostilled + translated), NIE for each heir, property deeds, bank certificates, IBI receipts, and último domicilio certificate. Missing documents are the number one cause of probate delays.
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 →
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Essential Documents Checklist
This checklist covers every document you will need to complete the probate process in Spain as a foreign heir. We recommend working through this list systematically with your lawyer to avoid delays.
Phase 1: Immediate Documents (First 2 Weeks)
| # | Document | Source | Requirements | Status |
|---|---|---|---|---|
| 1 | Death Certificate (original) | Civil Registry or hospital | If foreign: Apostille + sworn translation | |
| 2 | Passport copies of all heirs | Each heir | Certified copies recommended | |
| 3 | Marriage certificate (if surviving spouse) | Country of marriage | Apostille + sworn translation if foreign | |
| 4 | Birth certificates of heirs | Country of birth | Apostille + sworn translation if foreign |
Phase 2: Spanish Official Documents (Weeks 2–6)
| # | Document | Source | Requirements | Cost |
|---|---|---|---|---|
| 5 | Certificate of Last Wishes (Certificado de Últimas Voluntades) | Ministry of Justice | Apply 15+ working days after death | ~4 EUR |
| 6 | Certificate of Insurance Contracts (Certificado de Seguros) | Ministry of Justice | Apply simultaneously with #5 | ~4 EUR |
| 7 | The Will (Spanish or foreign) | Named notary (Spain) or solicitor (foreign) | Foreign wills: Apostille + sworn translation | 30–50 EUR (copy) |
| 8 | NIE for each heir | Spanish Consulate or police station | Passport + completed EX-15 form | ~12 EUR per NIE |
| 9 | Último domicilio certificate (Certificado de Empadronamiento) | Town hall of deceased’s last address | Confirms which region’s tax rules apply | Free–10 EUR |
Phase 3: Estate Documentation (Weeks 4–10)
| # | Document | Source | Requirements | Cost |
|---|---|---|---|---|
| 10 | Property deeds (Escritura) | Notary or Land Registry | For each property in the estate | 10–30 EUR per copy |
| 11 | Land Registry certificate (Nota Simple) | Registro de la Propiedad | Confirms ownership and encumbrances | ~10 EUR |
| 12 | Cadastral reference | Catastro (online or office) | For tax valuation purposes | Free |
| 13 | IBI receipts (property tax) | Town hall | Latest year; proves tax is current | Free (copy) |
| 14 | Bank certificates | Each Spanish bank | Balance at date of death | Free–50 EUR |
| 15 | Vehicle documentation | DGT (traffic authority) | If estate includes vehicles | ~10 EUR |
| 16 | Outstanding debts documentation | Banks, creditors | Mortgage balances, loans, credit cards | Variable |
Phase 4: Additional Documents (If Applicable)
| # | Document | When Needed | Notes |
|---|---|---|---|
| 17 | Power of Attorney | If heirs cannot attend in person | Consulate or notary; see our PoA guide |
| 18 | Declaration of Heirs (Declaración de Herederos) | If there is no will (intestacy) | Obtained from a notary; requires two witnesses |
| 19 | EU Certificate of Succession | Cross-border EU estates | Issued by the competent authority under Reg. 650/2012 |
| 20 | UK Grant of Probate | If deceased had UK assets too | Does not replace Spanish probate; used for reference |
Document Preparation Tips
- Start immediately: Request the Certificate of Last Wishes and Certificate of Insurance Contracts on day 16 after the death. These are the bottleneck documents.
- Apostille early: Foreign documents (death certificate, will, marriage/birth certificates) all need Apostilles. Start this process in parallel with other steps.
- Use sworn translators only: Spanish authorities require translations by a traductor jurado officially appointed by the Spanish Ministry of Foreign Affairs. Regular translations are not accepted.
- Keep multiple certified copies: Banks, notaries, and the Land Registry will all need copies. Order extras upfront.
- Grant a Power of Attorney early: If heirs cannot travel to Spain, arrange a PoA at the Spanish consulate immediately. This allows your lawyer to request all documents on your behalf.
Frequently Asked Questions
What if I cannot find the deceased’s Spanish will?
The Certificate of Last Wishes will confirm whether a Spanish will exists and which notary holds it. If the certificate shows no will, check whether a will from another country exists. If no will exists anywhere, a notarial Declaration of Heirs is needed.
How long does apostilling a document take?
In the UK, the standard apostille service takes 2 weeks; expedited service is available for an additional fee (1-2 working days). In the US, processing times vary by state, typically 2-6 weeks. Plan ahead and use expedited services when the 6-month tax deadline is approaching.
Can my lawyer obtain all these documents for me?
Yes. With a valid Power of Attorney, your Spanish lawyer can request and collect all Spanish documents (items 5-16) on your behalf. You will need to obtain foreign documents (items 1-4, 17-20) yourself or through a solicitor in your home country.
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Related Guides
- Probate in Spain — Complete Guide for Foreign Heirs
- Inheritance Tax Guide Spain
- Power of Attorney in Spain — Complete Guide
For a complete overview of taxation in Spain, see our Your Guide to Spanish Tax.
Disclaimer: This information is provided for general guidance purposes only and does not constitute personalised tax or legal advice. Each case must be assessed individually according to the client’s specific circumstances. It is essential to consult a qualified specialist before taking any action or making any decision.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
Item 2 on this checklist (the will itself) depends on it being findable — see our guide to Spain’s central wills registry.
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This content has been prepared with the assistance of artificial intelligence and reviewed by María Luisa de Castro, a lawyer specialising in Real Estate Law and founder of CostaLuz Lawyers.
The information provided is general and indicative in nature. It should not be used as the sole basis for making professional, legal or investment decisions, and CostaLuz Lawyers assumes no responsibility for decisions taken solely on the basis of this content.
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