UK inheritance with Spanish assets: probate, will and sworn translation

When a British citizen passes away leaving a home, bank accounts or shareholdings in Spain, what follows is not trivial paperwork: the succession falls within the scope of Regulation (EU) 650/2012 (the European Succession Regulation), has pieces in two jurisdictions and requires sworn translation into Spanish of every UK document. The good news is that, once properly ordered, the procedure is predictable. The bad news is that an out-of-order step delays the Spanish notary signing by months.

The core: UK probate and will

In the UK, estate administration goes through a Grant of Probate (where there is a will) or Grant of Letters of Administration (where there is not), issued by HM Courts and Tribunals Service. The document appoints the executors or administrators with authority to liquidate the deceased's estate.

For Spanish assets, what the Spanish notary and registries ask for is:

• Grant of Probate (or equivalent), apostilled and translated.
• Last Will and Testament (original or certified copy), apostilled and translated.
• British Death Certificate, apostilled and translated.
• Certificate from the Spanish Register of Wills (confirming whether the deceased also granted a Spanish will).
• Certificate from the Register of Life Insurance Policies.

The European Succession Regulation (EU 650/2012)

Although the UK never adhered to this Regulation, it remains relevant: when assets are in Spain, the law applicable to the succession is determined by the deceased's habitual residence at death (the general rule) or by an express choice of law in the will (professio iuris).

In practice, a Briton habitually resident in Spain at the time of death sees their succession governed by Spanish law, unless their will expressly chooses English law. That choice must appear in a valid will — typically granted before a Spanish notary expressly invoking professio iuris of English law.

For non-resident Britons with only a Spanish second home, the most common pattern is English law applying to the overall succession, which still in any event requires sworn translation of the Grant of Probate to be used before a Spanish notary.

The "European Certificate of Succession"

For successions under the European Regulation, the European Certificate of Succession (ECS) evidences the heir or executor status across Member States. Since the UK does not apply the Regulation, British heirs do not directly obtain an ECS and must rely on the traditional Grant of Probate.

This is why sworn translation of the Grant of Probate remains so central: it is the document that replaces the ECS in UK→Spain cases.

When sworn translation is needed

All UK documentation entering a Spanish notary or land registry is translated into Spanish:

1. Grant of Probate / Letters of Administration — the central piece.
2. Last Will and Testament — whenever there are assets in Spain.
3. UK Death Certificate.
4. Valuation certificates of UK assets (if part of the estate and reported in Spain through the inheritance tax).
5. HMRC rulings on Inheritance Tax if they affect Spanish assets.

If there are also assets in Spanish territory (a home on the Costa Blanca, a Santander Spain account), the Spanish deed of inheritance is granted before a Spanish notary and the Spanish document is translated into English to evidence the settlement in the UK. That is the reverse pair (ES→EN), which we also cover.

Typical timelines

A well-ordered process moves through these stages:

1. UK Death Certificate + Apostille: 1-2 weeks.
2. UK Probate: 4-12 weeks depending on court and complexity.
3. Sworn translation into Spanish of the UK file: 3-7 days.
4. Spanish certificates (Register of Wills, Insurance Register): 1-2 weeks.
5. Spanish inheritance deed at the notary: appointment in 2-4 weeks.
6. Payment of Spanish Inheritance and Gift Tax in the relevant autonomous community (Valencia, Andalucía, Madrid…): 6 months from death, extendable.
7. Registration at the Land Registry: 2-4 weeks after the deed.

A reasonable total end to end: 5-9 months. Order errors easily push it to 12-18 months.

In short

A UK inheritance with Spanish assets is a serious, cross-cultural matter with material tax consequences (Spanish Inheritance Tax may reach 34 % in some communities, before bonuses). The file requires sworn translation into Spanish of the Grant of Probate, Will, Death Certificate and any related HMRC ruling. At Textualia we translate each piece to a closed turnaround and we know the English-law succession terminology (executor, beneficiary, residuary estate, pecuniary legacy) in its precise rendering into legal-notarial Spanish.