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Intestacy. My husband died, and no Will. What to do with our Spanish property?

Dear Madam,

 First of all, let us kindly ask you to accept our best and sincere condolences for the decease of your husband. We perfectly understand these will be difficult times for you, and we put our company at your disposal for any kind of help or assistance you may need in Spain.

We  see that you and your husband had a property in Spain, inside our area of influence, that you owned 50 % each.

 We see also that you husband did not have any Spanish or UK Will to cover the inheritance disposal of the Spanish assets.

 In this case, we have to inform you that  the following step now is to start the intestacy process in Spain, in order to complete the changes of the ownership on your name only. This process must be done in consideration of the calculation, declaration, and payment Spanish Inheritance Tax, and must be done and complete before 6 months after the date of the decease (although an extension can be applied if necessary). After 6 months penalties and interest of delay will be derived.

 Now, what you have to do is contracting the services of an specialist to guide you and advice  you in this process.

 For this, and before quoting you the expenses of the process, we can give you a more approximate overview of the case if you provide us with the following information:

 – Copy of the deeds of the Spanish property

– Copy of the last Council Tax bill

– Copy of the NIE from both of you

– Copy of the Padron (if the case)

– Copy of the Certificate of Residence (if the case)

– Copy of the death certificate


In addition to this, we need to know the following:

 – Did your husband had any other assets like cars, bank accounts, etc, in Spain?. If the last case, indicate the amounts in banks account.

– Do you have children?, How many?, How old are they?

– Was your husband got married with you as first marriage, or had he any other previous marriages?, please, indicate if he had other children from other marriages? (apologies for these personal questions, but I am sure you will understand we need this information to deal with the case).

– Were you and your husband living in Spain or in UK? .

 Once I receive the above mentioned information we will be in the position to have a better knowledge of the case, and I will send you an individualized report of the case, showing you the different alternatives and the right process to complete the Spanish inheritance of your husband.


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