Choosing an abogado, notary or gestor and avoiding inheritance scams

Terms used

• Abogado — An abogado is a lawyer who can advise you on inheritance rights, wills and disputes.
• Gestor administrativo — A gestor administrativo is a licensed administrative agent who handles paperwork and filings with public offices.
• Hoja de encargo — The hoja de encargo is a written quote or engagement letter stating what a professional will do and charge.
• Número de colegiado — The número de colegiado is a professional's registration number with their colegio.
• Colegio — A colegio is the professional body that registers and oversees lawyers, gestores or notaries in an area.
• Registro de Últimas Voluntades — The Registro de Últimas Voluntades is the official register that shows whether a person left a will and with which notary.

Key rules

• Written quote: Get a written quote before you hire anyone, and check whether notary, registry and tax costs are extra.
• Check registration: Confirm any lawyer, gestor or notary with their colegio before you pay or send documents.
• No advance payments: Never pay fees, taxes or legal costs to someone who contacted you unasked.
• Notaries: A real notary does not ask for payment to a private account to release an estate.

Who does what

Most cross-border estates need more than one professional. An abogado advises you on your rights, the will and any dispute. A gestor administrativo handles paperwork and filings. A notary signs the official inheritance documents. For a simple estate, a gestor or a lawyer may be enough. If you are a foreign heir, own several properties or expect a disagreement, hire an abogado.

What they charge

There is no binding price list. Abogados and gestores usually charge either a fixed fee for a simple inheritance or a percentage of the estate. The percentage often falls as the estate gets bigger. The Colegios de Abogados publish fee guidelines, but these are not binding, and fees vary by city and complexity.

Expect to pay more if you are a foreign heir, if there are several properties, or if there is a dispute. Disputes may be billed by the hour.

Notary, registry and tax costs are normally separate from the professional's fee. Before you hire anyone, ask for a written quote (hoja de encargo) and check that it says what is and is not included. Get quotes from more than one professional.

How to check someone is real

Ask for their número de colegiado, then confirm it with their colegio.

• Lawyers: use the census of practising lawyers run by the national bar council, or ask the provincial Colegio de la Abogacía where they are registered.
• Gestores: ask the local Colegio de Gestores Administrativos or the national council of gestores' colegios.
• Notaries: use the notary finder on the national notaries' website. Each notary belongs to a regional college.

Do this before you send documents or money. The checklist below sets out the steps.

Inheritance scams aimed at foreign heirs

The usual pattern is an unexpected email or letter saying a distant relative left you a large sum in Spain. Then someone asks you to pay first. Watch for these:

• Requests for advance fees, taxes or legal costs.
• Fake lawyers, notaries or banks demanding transfers.
• Copied or cloned law-firm websites.
• Requests for passport copies and bank details.
• "Heir hunters" asking for a high percentage of what you would receive.

A real Spanish notary does not ask you to pay a private account to release an estate. Never pay in advance to someone you do not know.

If someone contacts you unasked, do not use the contact details they give you. Check whether there is a will through the Registro de Últimas Voluntades, and look the professional up in the official registers above. Your embassy or consulate and the police regularly warn about current scams. Contact them if you are unsure.

The questions below cover fees and what to do if a stranger says you have inherited money.

Checklist

• Ask the professional for their registered number (número de colegiado).

• Confirm that number with their colegio: the provincial Colegio de la Abogacía for lawyers, the Colegio de Gestores Administrativos for gestores.

• Look up a notary in the notary finder on the national notaries' website before you book.

• Check that the quote says whether notary, registry and tax costs are on top of the fee.

• Compare quotes from more than one professional, since fees vary by city and complexity.

• Check whether the estate and a will exist through the Registro de Últimas Voluntades, not through an unsolicited message.

• Refuse to pay advance fees, taxes or legal costs to people who contact you unasked.

• Keep your passport copies and bank details private until you have verified the professional in an official register.

• Report suspicious emails, letters or fake law-firm websites to your consulate or the police.

Frequently asked questions

Do abogados charge a fixed fee or a percentage of the estate?

Either one: a fixed fee is common for a simple inheritance, and a percentage of the estate is common for larger ones, often falling as the estate value rises. Foreign heirs, several properties or disputes usually cost more, and disputes may be billed by the hour. Notary, registry and tax costs are normally on top.

Is there an official price list for inheritance work?

No, there is no binding tariff for inheritance work in Spain.

How can I check that a lawyer, gestor or notary is real?

Ask for their registered number (número de colegiado) and confirm it with their colegio. Lawyers are listed in the national census of practising lawyers, gestores with their local Colegio de Gestores Administrativos, and notaries on the national notaries' website, which has a notary finder.

What should I do if someone I don't know says I have inherited money in Spain?

Do not pay anything and do not send passport copies or bank details. Real Spanish notaries do not ask for payments to private accounts to release an estate. Check whether a will exists through the Registro de Últimas Voluntades, and report the approach to your consulate or the police.