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Will in Spain

Probate and Inheritance Law in Spain - Guide

 

Probate is a legal process that takes place after someone’s death.

 

It usually involves proving that the deceased’s will is valid, identifying the deceased person’s property and having it appraised, paying outstanding debts and taxes, and distributing the property per the will or state law.

 

When a person dies, somebody has to deal with their estate (money, property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it.

 

GONZALEZ MARTIN & PARTNERS render legal counseling for drafting the most suitable last will and testament fitting your personal situation, so that your heirs may receive their inherited property as soon as possible and after payment of the lowest possible testamentary expenses.

 

Regarding your heirs’ tax implications for the granting of probate, it should be borne in mind that the Inheritance Tax is still in force in Spain and is administrated by Spanish Regional Governments.

 

Currently, in Andalusia several tax rebates are applicable for this type of tax. These are implemented depending on the testator’s resident or non-resident situation in Andalusia in the last years, as well as the estate value to be given and the heirs’ pre-existing estate.

 

Therefore, a correct tax planning is important with respect to the peculiarities of each case, so that the taxpayer’s taxation for this Inheritance Tax may not be so costly. C&D Solicitors analyze your particular situation in order to offer you the best legal and tax counseling for this issue.

 

Furthermore, our law firm renders a comprehensive counseling for granting of probate procedures, whether the deceased made a will in Spain or whether the deceased only made a will in his or her country of origin or even if a will was never made.

 

We will deal with the processing and signature of all necessary documentation and payment of legal expenses resulting from this processing, until the distribution of the estate given by the deceased and the heirs have it at their disposal.

We render a comprehensive counseling for inheritance issues and cover all the necessary legal procedures.

 

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