Do I Need A Spanish Will?

For anyone living in Spain or owning property here, having a valid Spanish will is one of the most important administrative steps you can take. It ensures your assets in Spain are dealt with according to your wishes and that your heirs can avoid the heavy delays and costs that often follow a death without one.

Why a Spanish Will Matters for Expats

Spain’s inheritance system differs sharply from that of common law countries such as the UK or the US. In Anglo-American systems, individuals are usually free to distribute their assets however they choose. In Spain, however, “forced heirship” rules apply, meaning that a certain percentage of your estate must go to your legal heirs — typically your spouse and children — regardless of the terms of your will. Unless you take legal steps to opt out, Spanish courts will apply these rules to your Spanish property.

Choosing Which Law Applies to Your Estate

Since 2015, the EU Succession Regulation (650/2012) has allowed foreign nationals living in Spain to elect for the law of their nationality to apply to their entire estate. To do so, you must clearly state this election in your Spanish will — for example: “I elect for the law of my nationality (United Kingdom / United States of America) to apply to the succession of my estate.” Without this clause, Spanish law (and its forced-heirship provisions) will be automatically applied to your property in Spain, even if your family or executor is abroad.

How to Make a Spanish Will

Creating a Spanish will is relatively simple and can be completed within a day. Most expats work through a local notario (notary public), who drafts the document in Spanish and, if needed, provides an English translation for clarity. The will is then signed in the notary’s office and officially registered.

Here’s the step-by-step process:

1. Draft your will with a bilingual lawyer or directly at the notary’s office.

2. Present your valid passport, NIE number, and proof of address.

3. Review the final bilingual draft to confirm accuracy.

4. Sign the document in front of the notary — witnesses are not usually required.

5. The notary files the original copy in the Registro General de Actos de Última Voluntad (Central Registry of Wills) in Madrid.

6. You’ll receive a certified copy for your personal records.

The cost generally ranges from €60 to €180, depending on translation needs and notary fees. For most expats, it’s one of the easiest and most valuable legal tasks to handle after moving to Spain.

What Happens If You Don’t Have a Spanish Will

Without a Spanish will, your heirs must go through a far more complex process. If you’re from the UK or the US, the first step is to obtain a Grant of Probate (UK) or Letters Testamentary (US). This confirms that your foreign will is valid. Once issued, your heirs must have the entire package — the will, death certificate, and probate documents — translated into Spanish by a certified translator and then legalised using the Apostille of The Hague Convention. This legalisation is essential before Spanish authorities will recognise any foreign documents.

Even after this, your heirs will still need a Spanish lawyer to manage the formal acceptance of the inheritance (aceptación de herencia) before a notary in Spain. This process can easily take six to twelve months and often incurs additional legal fees. Having a Spanish will in place eliminates almost all of this red tape, making the estate accessible within weeks instead of months or years.

US Probate and Apostille Recognition Explained

For American citizens, each state handles probate differently, which can complicate things further when property is located abroad. Generally, US wills must go through a probate court before being accepted in Spain. Once the US court issues certified copies of the probate documents, they must be authenticated with an Apostille — a special seal issued under the 1961 Hague Convention that verifies the documents’ legitimacy for international use.

The Apostille must come from the state where the documents were issued. For example, if the probate occurred in California, the Apostille must be obtained from the California Secretary of State. Once legalised and translated, Spanish authorities can accept them. However, because of the time and cost involved, most US expats find it far simpler to prepare a Spanish will covering their Spanish assets, leaving their US will to cover their American estate. Doing so avoids delays, potential double taxation, and conflicts between jurisdictions.

Dual Wills – Covering Assets in Spain and Abroad

If you hold assets in multiple countries, you should ideally have separate wills for each jurisdiction. One will should cover your assets in Spain, and the other should cover your home country (the UK, US, Canada, etc.). The two documents must not cancel each other — so it’s vital to include wording that limits each will’s scope. For example, your Spanish will might specify, “This will applies solely to my assets located in Spain.”

Properly drafted dual wills ensure that your estate is administered efficiently under each country’s legal system. They also prevent the delays that can occur when one country’s probate authority must first approve documents before another will act.

Inheritance Tax and Succession Implications

Having a Spanish will doesn’t automatically reduce inheritance tax, but it can make tax management much smoother. Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) is payable on assets in Spain, even for non-residents. Tax rates vary widely between Spain’s autonomous regions and are generally lower for immediate family members. A lawyer can advise on which region’s rules apply and whether local exemptions can help reduce your family’s liability. For more details, see our related article Spanish Inheritance Tax Explained.

Practical Tips for Expats

• Choose a bilingual lawyer or notary familiar with foreign succession laws.

• Keep both original and certified copies of your will in a secure location.

• Ensure your executor and family know which notary holds your original document.

• Update your will after buying property, changing marital status, or moving region.

• If you are American, check whether your US state recognises foreign wills for probate purposes — some states, such as Florida and Texas, have specific requirements.

• If you later leave Spain, review both wills to ensure they remain valid under new residency rules.

How the Central Registry of Wills Works

Every Spanish will signed before a notary is automatically registered in the national database known as the Registro General de Actos de Última Voluntad. Upon death, your heirs or lawyer can request a certificate from this registry to confirm the existence and date of your most recent will. This step is crucial before probate can begin. Without registration, your family might face significant delays while trying to prove which will is the most recent.

Costs and Professional Support

The average cost of preparing and registering a Spanish will ranges from €100 to €200, including translation and notary fees. Some law firms also offer “mirror wills” for couples, ensuring each partner’s will mirrors the other’s instructions while remaining legally separate. For complex estates or international assets, specialist cross-border inheritance lawyers are recommended, especially for American citizens with trusts or investments in multiple states.

Final Thoughts

Making a Spanish will might feel daunting, but it’s a straightforward process that can spare your family enormous stress. It guarantees your assets are distributed as you intend, ensures Spanish authorities recognise your instructions, and prevents unnecessary legal delays. Whether you’re from the UK, the US, or another country, arranging a Spanish will is a small step that provides major peace of mind.

Health Cover and Residency

While you’re sorting out important legal matters, don’t overlook another essential part of life in Spain — comprehensive health insurance. Many visas and residency permits require proof of full private medical cover. Compare Sanitas health insurance plans here to ensure you’re fully protected with Spain’s leading private network.

Sources

• General Council of Notaries of Spain
• EU Succession Regulation (650/2012)
• U.S. Department of State – Apostille Requirements
• Spanish Inheritance Tax Explained