Franco-Spanish inheritance: will, Spanish assets and sworn translation

When a French citizen passes away leaving assets in Spain, or a Spaniard living in France dies with assets in both countries, a cross-border succession opens that combines two legal systems. Fortunately, both countries apply EU Regulation 650/2012, which simplifies the framework — but the actual paperwork still requires sworn translation of every piece.

The European framework: EU Regulation 650/2012

Spain and France apply the European Succession Regulation (in force from 17 August 2015). Its core rule:

• Law applicable to the succession = that of the deceased's country of habitual residence at the time of death.
• Or the law of the deceased's nationality, if expressly chosen in the will (professio iuris).

In practice:

• A French national habitually resident in Spain (Marina Alta, Costa Blanca, Costa Brava) sees their succession governed by Spanish law, unless French law is expressly chosen in the will.
• A French national with only a Spanish second home sees French law applied to the overall succession; Spanish assets are distributed under French law but registered following Spanish procedures.

The "European Certificate of Succession"

For successions under the European Regulation, the European Certificate of Succession (ECS) evidences heir, legatee or executor status across all Member States without parallel proceedings.

For a Franco-Spanish succession:

• If opened in France: the French notaire issues the ECS after the acte de notoriété.
• If opened in Spain: the Spanish notario issues the ECS after the declaration of heirs.

The ECS is directly recognised in the other country, but must always be translated into the language of the country where it will be used. A French ECS coming to Spain is translated into Spanish; a Spanish ECS going to France is translated into French.

French documents in a Spanish succession

When the succession is handled from Spain with assets also in France, French documents reaching the Spanish notary are:

• French acte de décès (with marginal mentions), apostilled and translated.
• Acte de naissance of the deceased and the heirs, apostilled and translated.
• French testament authentique or testament olographe, apostilled and translated.
• Acte de notoriété from the French notaire, apostilled and translated.
• European Certificate of Succession if issued in France.
• Certificates of French bank accounts (BNP Paribas, Crédit Agricole, Société Générale, Caisse d'Épargne).
• Service de la Publicité Foncière rulings if there are French properties.

All of these go through sworn translation into Spanish by a MAEC translator.

Textualia's specific advantage in the French pair

Our translator is also listed in the official register of the French Consulate in Barcelona, with a signature recognised by the source. This means that for procedures requiring consular recognition (French transcription of Spanish acts, declaration of heirs for use in France), our translations are accepted directly by the Consulate. More detail: French sworn translation in Barcelona.

Typical timelines

A well-ordered Franco-Spanish succession moves through:

1. French death certificate + Apostille: 1-2 weeks.
2. Opening at the French notary (acte de notoriété, testament authentique): 4-8 weeks.
3. Sworn translation of the French file into Spanish: 5-10 days.
4. Spanish certificates (Register of Wills, Register of Life Insurance Policies): 1-2 weeks.
5. Spanish inheritance deed before a Spanish notary: appointment in 2-4 weeks.
6. Settlement of Spanish Inheritance Tax: 6 months from death (extendable).
7. Registration at the Land Registry: 2-4 weeks after the deed.

A reasonable total: 6-10 months.

Common mistakes

• Applying French law without an express choice in the will. If the deceased was habitually resident in Spain, Spanish law applies by default (forced heirs, legítima…).
• Forgetting the professio iuris when the deceased preferred French law.
• Not requesting the ECS and duplicating declarations of heirs in each country.
• Apostilling after translating.
• Accepting a French translation signed only by a traducteur assermenté listed in France: Spanish administration requires a MAEC translator.

In short

The Franco-Spanish succession is a predictable procedure when properly ordered: EU Regulation 650/2012 sets the common framework and the European Certificate of Succession avoids duplications. Sworn translation of the French file into Spanish (or vice versa) is what connects the two systems. At Textualia we handle both pairs to a closed turnaround, with command of French succession terminology (acte de notoriété, héritier réservataire, quotité disponible, testament authentique) and its precise correspondence with Spanish succession law.