When a foreign national passes away owning assets in Spain, the probate and succession process must be completed under Spanish law — regardless of where the heirs live.
For many families, this is the most stressful part of the inheritance.
Language barriers, unfamiliar procedures and strict deadlines often make the process overwhelming.
As probate lawyers in Mijas, we assist international clients throughout La Cala de Mijas, Fuengirola, Marbella and Calahonda, managing the entire succession process from start to finish.
What Is Probate in Spain?
Probate in Spain is the legal and administrative process required to:
- Identify legal heirs
- Determine applicable inheritance law
- Value assets located in Spain
- Pay inheritance taxes
- Transfer ownership to heirs
Unlike some countries, Spanish probate:
- Is not court-based in most cases
- Requires notarial deeds
- Has strict tax deadlines
Failure to follow the correct process can result in penalties and blocked assets.
Spanish Succession for Foreigners – Key Differences
Foreigners are often surprised by how different Spanish succession works.
Key differences include:
- Mandatory inheritance tax declarations
- Notarial intervention
- Land Registry updates
- Bank compliance requirements
- Regional tax rules
Having a local succession lawyer in Costa del Sol ensures everything is done correctly and efficiently.
Can Probate Be Done Without Coming to Spain?
Yes.
In most cases, probate can be completed using a power of attorney.
We regularly act on behalf of heirs who live in:
- The UK
- Ireland
- Scandinavia
- The EU
- The US
This avoids unnecessary travel while ensuring the process moves forward without delays.
Probate Deadlines and Inheritance Tax
One of the most critical aspects of probate in Spain is timing.
In Andalusia:
- Inheritance tax must usually be declared within 6 months
- Extensions must be requested properly
- Late filings result in penalties and interest
As probate and tax lawyers in Mijas, we ensure all deadlines are met and all available reductions are applied.
Common Probate Problems We Resolve
Foreign heirs often contact us due to:
- Missing or conflicting wills
- Disagreements between heirs
- Blocked Spanish bank accounts
- Incorrect property registrations
- Outstanding debts or mortgages
- Tax issues from previous years
Our role is to provide clear solutions, not legal confusion.
Probate with or without a Spanish Will
With a Spanish Will
- Faster process
- Lower costs
- Fewer complications
Without a Spanish Will
- Additional documentation
- More legal steps
- Higher risk of disputes
This is why proper estate planning is essential for foreigners with assets in Spain.
Why Choose a Local Probate Lawyer in Mijas?
Local expertise saves time and money.
We offer:
- English-speaking legal assistance
- Direct contact with local notaries
- Experience with international estates
- Knowledge of Andalusian tax rules
- Transparent legal fees
Being based in Mijas / La Cala de Mijas, we handle successions across the Costa del Sol daily.
Get Professional Probate Assistance in Costa del Sol
If you are dealing with:
- A Spanish inheritance
- Probate delays
- Succession tax issues
- Asset transfers in Spain
Our probate lawyers in Mijas are ready to manage the process for you efficiently and professionally.
📩 Contact us today for expert probate and succession advice tailored to foreigners in Spain.
