Has anyone had to use a Spanish Solicitor to deal with Probate in Spain? We've been quoted 3000 euros to deal with a simple transfer of the property from my father and Mother's joint names into my Mother's sole name. We've been advised the process will be simple as they both had Spanish wills, we're both residents for over 7 years and paid Spanish tax so no inheritance tax would be payable. In comparison to costs in england for the same process I think this quote is quite high and wonder whether we are being taken advantage of. Any help would be appreciated.

I have been through the exact same process. Tranferred the house into my name, two Spanish wills etc, same circumstances regarding paying tax and been here 6 years at the time, used a Spanish solicitor. Mine did have a couple of extra pieces of paperwork that should have pushed the cost up slightly more but even then the bill was a little over half what you have been told. I had been quoted slightly more which I paid when asked to but when they finished the work they refunded the difference.

Rosemary

I think the big cost will be all the taxes and fees that have to be paid in any property transaction Notary, Land Register etc plus Vat on top. Ask for a breakdown of costs.

Probate costs £45 in the UK unless the estate is less than £5000 when it is free. I suspect the main cost is the transfer costs - you've got to pay for all those functionarios doing nothing.

Thanks Rosemary, i'm back in the UK now so I'll pass that info on to my Mum, whereabouts in Spain are you, my mum is in Cabo Roig, Torrevieja

I am in a small town south of Valencia. A lack of Brits in the area may account for the price differences.

Rosemary

Yes it certainly sounds that way, i'm beginning to find the Brits in Spain are an easy target :-(

Are you trying to say that Spanish lawyers can be opportunist, low life, scumbags who over charge if they think they can get away with it, and take advantage.

Never......

Spanish lawyers or English lawyers all the same to me and do not know the nationality of the one that the poster is talking about but it comes up time and time again that Brits seem to be charged more than Spanish people.

Rosemary

Can someone please explain why there will be no Spanish Succession tax to pay when inheriting half of the house (plus other assets)?

There WILL be succession tax, unfortunately!

I thought certain areas if you had been resident a certain length of time and married possibly not?

The OP mentioned that there would be no inheritance tax to pay. I think there will be but it may not be much.

I have never heard that there is 0 tax to pay. In some areas there is a 99% allowance if passing an estate to wife/husband but I don't know if that is the case where the OP lives.

This is a useful link -Spanish Succession Tax

Jut a quick look at your link under the Andelucia part does mention from 2008 there are specific instances where it could be 0 whether that applies in this case?