INHERITANCE · APOSTILLE & TRANSLATION
Foreign inheritance documents usually need an apostille and a sworn translation to be used in Spain
By Moisés Vicens i FrancésJune 27, 20268 min read
The British probate, the German Erbschein, the French acte de notoriété… each country has its equivalent of the Spanish inheritance deed. But for them to work in Spain they must be apostilled and properly translated. I explain who issues the apostille, who may translate, and how to keep the notary or the Registry from rejecting them.
When you inherit in Spain with documentation from another country, you run into an obstacle that is often overlooked: your papers, as they stand, will usually not be valid here. Each country has its own "equivalent" of the Spanish inheritance deed — in the United Kingdom the grant of probate, in Germany the Erbschein (certificate of inheritance), in France the acte de notoriété (notarial certificate of heirs) — and to use them in Spain they have to pass through two filters: the apostille and the sworn translation.
The apostille: who issues it and where
The apostille is a stamp, provided for in the 1961 Hague Convention, that certifies a public document is authentic so it is valid in another signatory country, without the need for diplomatic legalisation. The key detail is who issues it: the apostille is issued by the competent authority of the country where the document originates. In other words, a German document is apostilled by Germany; a French one, by France. It is not something done in Spain.
It works the same way in reverse: if you need to use a Spanish document abroad (a power of attorney, a certificate), the apostille is issued in Spain, and depending on the type of document it is issued by the Ministry of Justice, the notaries or the High Court of Justice. It is worth knowing who apostilles what so that you apply to the right authority.
The sworn translation: only an authorised translator
Once apostilled, the document usually needs to be translated into Spanish. And not just any translation will do: it must be done by a Sworn Translator-Interpreter (Traductor-Intérprete Jurado) appointed by the Ministry of Foreign Affairs, European Union and Cooperation (MAEC), which publishes the official list of those who are authorised. A "do-it-yourself" translation, however good, is unlikely to be accepted by the notary or the Registro de la Propiedad.
When the country has no apostille
If the document comes from a country that has not signed the Hague Convention, no apostille is possible: you have to resort to legalisation through consular channels, a longer process with more steps. Knowing in advance which situation you are in avoids weeks of delay just when you want to move forward with the inheritance.
Practical checklist
- Check whether the document's country of origin is a signatory to the Hague Convention (apostille) or not (consular route).
- The apostille is requested in the document's country of origin, not in Spain.
- The translation must be done by a translator from the official MAEC list.
- In inheritances within the EU, the European Certificate of Succession can avoid part of this paperwork.
When the European Certificate of Succession simplifies things
If the inheritance moves between European Union countries that apply the European Succession Regulation (650/2012), the European Certificate of Succession circulates between those States without the need for legalisation, which saves a good part of the apostille process. It is not always the route, but in an inheritance between two EU countries it is usually the simplest one.
If you are in the middle of an inheritance with documents from another country and you do not know what needs to be apostilled, translated or legalised, you are welcome to contact me. I can advise on what each document requires, coordinate the process with your country and help get everything ready for the notary and the Registry.
Frequently asked questions
What is the apostille and who issues it?
It is a stamp under the 1961 Hague Convention that certifies the authenticity of a public document for use in another signatory country. It is issued by the competent authority of the document's country of origin: a German document is apostilled by Germany, not by Spain.
Is my probate or Erbschein valid in Spain?
Not as it is. It is the document equivalent to the inheritance in your country, but to take effect in Spain it normally has to be apostilled (in the country of origin) and translated by a sworn translator. In inheritances within the EU, the European Certificate of Succession sometimes simplifies the process.
Who can do the sworn translation?
Only a Sworn Translator-Interpreter appointed by the Ministry of Foreign Affairs (MAEC), which keeps the official list. A translation that is not sworn will be rejected by the notary or the Registry.
And what if my country has no apostille?
If the country has not signed the Hague Convention, instead of an apostille the document must be legalised through consular channels, a longer process. It is worth knowing this from the outset to plan for the timescales.
Does the European Certificate of Succession spare me the apostille?
Between EU countries that apply Regulation 650/2012, the European Certificate of Succession circulates without legalisation, which avoids much of the process. It does not replace all the documentation, but in an inheritance between two EU States it is usually the simplest route.
SHALL WE TALK?
Tell me about your case, with no obligation
I reply to you personally, in your language. The first consultation is to get to know each other and see how I can help you.
Keep reading
I coordinate apostilles, sworn translations and the European Certificate of Succession to help your inheritance proceed.
International inheritances →Once the inheritance is established, I handle the Impuesto de Sucesiones (Inheritance Tax) and your tax obligations as an heir.
Taxes for non-residents →What it is and the minimum documentation you need to start applying for it.
The European Certificate of Succession →