Once the intestacy case is in procedure, the only case in which the Spanish Government would keep the inheritance of the deceased would be if there were no descendants , ascendants nor collaterals up to 4th degree(Cousins, Second degree Uncles/Aunts ( brothers/sisters of the grandparents) and second nieces/ nephews ( grandkids of the brothers/sisters of the deceased).
How long can probate process last in Spain?
Depending on the complexity of the process between a maximum of 6 months to a year. In any case, the bigger the inheritance and the number of inheritors and depending on the deceased’s testamentary dispositions, succession processes can take much longer.
My dad went to live to Spain 20 years ago, married twice and had several children and only left assets in Spain. Do we, his German children, have any rights over his inheritance in Spain?
Since the succession procedure will be according to the Spanish legislation since the deceased was a Spanish resident and all the heritage was in our country, following the doctrine of the Supreme Court, the law applicable to the succession would be Spanish, and therefore all children, without discrimination, shall be ” forced heirs” and have a number of rights provided by law.
Our deceased grandparents had properties in Murcia,Almería and Alicante and lived in the Mar Menor in Murcia. What regional legislation would be applicable?
Where the deceased had his regular residence. In this regard, it is considered that the deceased was regularly resident in the territory where he lived more days in the last five years before his/her death, with the exception of the Basque Country and Navarra.
Our parents had some property in Spain, I live in USA and my sisters live in Australia. How can we deal with the succession process?
In this case we recommend you grant the maximum power of attorney to a firm specialized in Spain to handle the probate process on your behalf. Abad & Asociados Abogados can arrange these powers to act on your behalf without having to travel.
What happens if the deceased did not leave a will in any country?
In this case, the country of residence of the deceased regulates the succession.