QUESTION: My wife passed away on July 2012.
We only shared a house in Spain. I am British resident and Citizen. So I need a Spanish Notary to legalize UK Letters of Aministration to transfer title to me.
First of all, please, accept our sincere condolences for the decease of your wife.
Also, let us thank you for your trust deposited in our company. Let me please introduce you our company as experts in Spanish-UK inheritance.
In relation to your question about intestacy, the way to proceed is the following:
– First, you need to execute the Letter of administration in Spain, for this, you need to get the document duly translated
in Spanish by an official translator, and then apostiled with La Hague Apostile (an international stamp to give international efficacy of the document obtained in the Foreign Office in UK).
Also the Death certificate must be stamped and translated in the same way.
– Secondly, you must obtain a certificate from the Central Probate in Spain confirming that there are not any Spanish Will issued by your wife in Spain.
– Third, you need to obtain a certificate from the Spanish mortgage bank confirming the exact amount of the mortgage, and on the bank accounts at the date of the decease.
– A certificate from the Town Hall must be obtained also to calculate a Council Tax called Plusvalia (to be paid together
with the Inheritance Tax), and the tax value of the property. The tax value obtained will be the base in the eventual Inheritance Tax derived from this action.
– After that, is necessary to appoint a notary to confirm the above, and to arrange the change on the ownership to your wife’s
inheritors. Deeds must be translated by an English translator to you.
– Then, it must be done the declaration of taxes derived from the inheritance tax, from which the amount of mortgage will be
deducted proportionally to the percentage of ownership from your mother.
– With all the above, the new deeds of the property, together with the declaration of taxes presented to the tax office, must be
presented to the land registry to complete the registration of the property in the inheritors name.
This is the whole process.
Approximate expenses (to be confirmed with the right documents and information on the property).