Jaime Botin, former head of Spanish lender Bankinter and a member of the family that founded giant lender Santander, has been trying to get the painting out of the country for months.
French customs seized the work "Head of a Young Girl", worth the equivalent of about $30 million, on July 31 on board the yacht in Corsica.
The Spanish state has taken possession of the painting and handed it to the Reina Sofia modern art museum in Madrid.
A court in the affluent suburb of Pozuelo de Alarcon is investigating Botin, who has an appeal pending against the judicial procedures, sources close to the investigation said.
He had been trying since 2012 to get permission to export the work but Spanish authorities refused on the grounds that it was a unique example in Spain of that period of Picasso's work.
It was seized on board the "Adix", a British-flagged yacht.
Botin's lawyers have argued that the artwork counts as property under British law.
Auction house Christie's had already tried to export the painting to Britain on Botin's behalf in 2012 but the Spanish culture ministry blocked that move.
