Foreign probate and the European Certificate of Succession in Spain

Key rules

• European certificate: It works across the EU except Denmark and Ireland, for people who died on or after 17 August 2015.
• UK and US grants: They are not valid in Spain on their own and need an apostille, a sworn translation and usually a Spanish notarial deed.
• Banks: Each bank can ask for its own documents, even when you hold the certificate.
• Tax: Neither route removes the inheritance tax, which you still have to pay.

The short answer

If the European Certificate of Succession fits your case, it is the simplest way to prove you are the heir. A UK or US grant of probate does not work in Spain on its own. It needs extra steps, and you will usually also need a Spanish notarial deed.

When the European certificate works

The certificate covers people who died on or after 17 August 2015. It is accepted in EU states without any special procedure. Denmark and Ireland are the exceptions. It serves as proof of heir status for registries and banks, including the Land Registry.

A Spanish notary issues it. The heir, a legatee, the executor or an administrator can apply. You use Form IV and attach proof of death, family ties and assets. Competent notaries include the one where the person last habitually lived. If Spanish law applies or Spanish courts have jurisdiction, you can choose the notary.

The notary keeps the original and gives you certified copies. Each copy is valid for six months, and the date is written on it. When it runs out, ask the notary to extend it or issue a new copy.

What the certificate does not do

• Registering property in your name still follows Spanish formalities. Ask the Land Registry what it needs.
• You still have to pay the inheritance tax.
• Spanish banks generally accept the certificate, but each may ask for its own extra documents. Ask your bank for its list before you hand anything over.

If you hold a UK or US grant

A UK or US grant of probate or letters of administration has no direct effect in Spain. Neither country is bound by the EU rules, and there is no treaty. The European certificate is not a way around this, so plan on these steps:

1. Get the apostille added to the grant. This is the international stamp under the Hague Convention.
2. Have the grant translated by a traductor jurado, a sworn translator.
3. Formalise the succession in Spain with a notarial deed of acceptance and partition of the inheritance. It is based on the Spanish will. If there is no will, it is based on a notarial declaration of heirs.
4. Get the certificate from the Registro de Actos de Última Voluntad, Spain's register of last wills. You need this even when there is a foreign will.

If there is a foreign will, present it with an apostille and a translation.

Banks, notaries and the Land Registry all expect this in practice. Banks follow their own rules and may release small balances with less paperwork, so ask first.

Choosing your route

The decision, documents, timeline and checklist below walk you through each route. Read them with your own case in mind: where the person died, where the assets are and which country issued the grant.

Choosing between options

Which route do you use to prove you are the heir in Spain?

• European Certificate of Succession: The person died on or after 17 August 2015 and you need proof of heir status, with a Spanish notary issuing the certificate.

• UK or US grant with apostille and sworn translation: The estate has a UK or US grant, which is not directly effective in Spain, so it must be apostilled and translated for banks, notaries and the Land Registry.

• Spanish notarial deed of acceptance and partition: You hold a UK or US grant and the heirs need to formalise the succession in Spain, based on the Spanish will or a notarial declaration of heirs when there is no will.

A UK or US grant does not carry over to Spain by itself, so apostille it, translate it and then formalise the succession by Spanish deed. The European certificate is the route for EU use.

Timeline and deadlines

• Apply to a Spanish notary for the European certificate: before you deal with banks or the Land Registry

• Receive certified copies of the certificate: valid for six months from issue, as stated on the copy

• Ask the notary to extend a copy, or issue a new one: if the six months run out before you have finished

Documents you need

• European Certificate of Succession, issued by a Spanish notary on application by the heir, legatee, executor or administrator. Use a certified copy, which is valid for six months.

• Proof of death, family ties and assets, to support the application for the European certificate.

• UK or US grant of probate or letters of administration, with the apostille added under the Hague Convention.

• Sworn translation of the UK or US grant, made by a traductor jurado.

• Foreign will, if there is one, with apostille and translation.

• Certificate from the Registro de Actos de Última Voluntad, Spain's register of last wills.

Checklist

• Check that the person died on or after 17 August 2015 and that the certificate will be used in an EU state other than Denmark or Ireland.

• Gather proof of death, family ties and assets for the application.

• Apply with Form IV to a notary in Spain, such as one where the deceased last habitually lived.

• Ask for certified copies and note the six-month validity stated on each one.

• Ask each bank for its own list of documents before you hand over the certificate.

• Ask the Land Registry what formalities apply to registering title, and plan to pay the tax.

Frequently asked questions

Can I use a UK or US grant of probate directly in Spain?

No, a UK or US grant of probate is not directly effective in Spain, because neither country is bound by the European certificate system. Banks, notaries and the Land Registry usually want it apostilled and translated by a sworn translator (traductor jurado). The heirs then normally formalise the succession in Spain through a notarial deed.

Does the European Certificate of Succession work in every EU country?

No, the certificate is effective in all EU states except Denmark and Ireland, with no special procedure needed. It applies to people who died on or after 17 August 2015. It serves as proof of heir status, but tax must still be paid.

Will a Spanish bank accept the certificate without asking for anything else?

Spanish banks generally accept the European certificate, but they may still ask for their own documents. Ask the bank for its full list before you order certified copies. For UK or US estates, small balances are sometimes released on less paperwork.