Article 700 of the Civil Code allows a will to be executed before five witnesses without a notary when there is imminent danger of death. This will lapses after two months and must be elevated to a public deed within the three months following the death. We explain the complete procedure.
Without a will, the estate is distributed by intestate succession under the Civil Code: first descendants, then ascendants, then the spouse and finally collateral relatives up to the fourth degree. The notarial procedure costs between 200 and 400 euros and adds 1-2 months to the inheritance process.
In Spain a will is signed in person before a notary: Law 11/2023 excludes it from notarial video conferencing. The open notarial will is the most common, costs between €40 and €60 in notary fees and is signed in about 20 minutes. We explain the types of will, the forced share, regional differences and how to revoke one.
What is the difference between a holographic will and a notarial one? We explain the types of wills in Spain, their advantages and disadvantages, and which one is more recommended.
Discover how to make your will online in Spain in a simple way and with full legal validity. We explain the step-by-step process and what documents you need.
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