Affidavits for a Spanish inheritance

If you are dealing with a cross-border estate, sooner or later someone will ask you for an affidavit: a sworn statement that proves a fact, or the content of a law, before a notary, a land registry or a court. At Testamentalia we draft, translate and legalise the affidavits that heirs need —in Spain and abroad— so the inheritance can move forward without getting stuck.

What an affidavit is in a cross-border inheritance

An affidavit is a written statement made under oath before a competent authority. In international estates it is used above all for two things: to prove who the heirs are when there is no will, and to prove what the applicable law actually says. Without it, many notaries and registries —Spanish or foreign— will not continue the process.

The affidavits we handle

Affidavit of law (certificate of law)

A sworn statement certifying the content of the law applicable to the estate. It is essential in estates governed by EU Regulation 650/2012, especially for heirs in the UK and Ireland. More in our page on the affidavit of law.

Affidavit of heirship

A sworn document identifying the heirs when there is no will, very common in US estates. See our page on the affidavit of heirship.

Sworn translation and apostille

For an affidavit or any foreign document to be valid in Spain it usually needs a sworn translation and a Hague apostille. See sworn translation and apostille.

How we work

First we pin down exactly which document the authority is asking for; then we draft it with the right content and format, arrange the signing and oath, and take care of the sworn translation and the apostille. We work in English, Spanish and French, and most of our non-resident clients resolve everything without travelling to Spain.

For heirs living abroad

We work every day with heirs in the UK, Ireland, the United States, Germany and beyond. Whether you have inherited in Spain and live abroad, or inherited abroad and need the document to take effect here, we coordinate the affidavit and all the paperwork through an apostilled power of attorney.

What is an affidavit in an inheritance?

It is a sworn statement that proves a fact —such as who the heirs are— or the content of the law applicable to the estate, required by notaries, registries or courts in cross-border inheritances.

Do I need a sworn translation and apostille?

Almost always. For a foreign document to be valid in Spain it usually needs a sworn translation and a Hague apostille; we handle both.

Can this be done without travelling to Spain?

Yes. Most of our non-resident clients complete the entire process by video call and an apostilled power of attorney signed in their own country.