Spanish Inheritance & Wills for American Citizens

Tomas Ballestero Lawyers has been advising American citizens on Spanish inheritance and wills matters since 1992 from our offices in Jávea (Xàbia), Costa Blanca, and Valencia. Whether you are an American heir of a Spanish estate, a US citizen with property in Spain planning your succession, or an executor in the United States needing to settle Spanish-side assets, our team handles the entire Spanish-side process — usually remotely, by Power of Attorney signed before a US notary.

We coordinate routinely with US executors, US estate-tax advisors and US state probate courts, and we are fluent in working with Apostilles issued by the Secretary of State of each US state. Read our detailed comparison: Inheritance Spain vs USA.

Our services for American clients

1. Spanish wills for US citizens

If you own property or assets in Spain and you are a US citizen, you should consider executing a separate Spanish will limited to your Spanish assets. We draft Spanish wills for American clients before a Spanish notary, with an express professio iuris clause electing the law of your US state of domicile (California, New York, Florida, Texas or any other) to govern the succession of your Spanish estate. This avoids the Spanish forced-heirship rules and ensures your wishes are respected. We coordinate with your US estate-planning attorney so that your Spanish will and your US will work together without revoking each other.

2. Spanish inheritance for American heirs of Spanish property

When a person dies owning property in Spain — whether they were a US citizen or a Spanish resident — the heirs must follow the formal Spanish acceptance-of-inheritance process before the property can be transferred and registered in their names. For American heirs, this typically includes: obtaining and apostilling the US death certificate and US will, searching the Spanish Last Will Registry, obtaining the heirs’ Spanish NIE, signing the Escritura de Aceptación y Adjudicación de Herencia before a Spanish notary, filing Modelo 650, and registering the inherited assets in the heirs’ names at the Spanish Land Registry. We handle all of these stages from our Jávea and Valencia offices, and we represent heirs in different US states via Power of Attorney so no travel to Spain is required.

3. Cross-border inheritance (US – Spain coordination)

American heirs and US executors face several specific challenges that we address routinely: the United States is not a party to EU Regulation 650/2012 (Brussels IV), but Spanish private international law (Article 9.8 of the Civil Code) allows a US citizen to elect their US state law to govern their Spanish succession via a properly worded professio iuris; US probate court proceedings (Letters Testamentary / Letters of Administration) must be coordinated with the Spanish acceptance-of-inheritance procedure; US estate-tax filings (Form 706 federal, plus any state-level filings) must be reconciled with the Spanish Modelo 650. We manage the Spanish-side process and coordinate with your US-side attorney and estate-tax advisor to handle both jurisdictions efficiently.

4. Power of Attorney from the United States

Almost all of our American clients complete their Spanish inheritance remotely. The mechanism is a Power of Attorney signed before a US notary public and legalised with the Hague Apostille issued by the Secretary of State of the signing state (or by the US Department of State for federal documents). Once apostilled and translated into Spanish by a sworn translator, the document gives our office full authority to act on the heir’s behalf — including signing the Acceptance of Inheritance, filing Modelo 650, registering the property at the Land Registry, and releasing Spanish bank accounts. We prepare the bilingual draft in English and Spanish within 24 hours of receiving instructions.

5. Selling inherited Spanish property — Modelo 211

When non-resident American heirs sell the Spanish property they have inherited, Spanish tax law requires the buyer to withhold 3% of the sale price under Modelo 211 and pay it directly to the Spanish tax authority on account of the seller’s capital gains tax. Our office handles the Modelo 211 filing and the subsequent refund claim where the seller’s actual capital gains tax is lower than the 3% retained. We also coordinate the entire sale process by Power of Attorney for heirs based in the United States.

6. Disputed inheritances and contested wills

Where heirs disagree on the validity of a will, the distribution of assets, or the actions of an executor, we represent American clients in the Spanish-side dispute — whether through negotiation, mediation, or litigation before the Spanish courts. We coordinate with the heirs’ US counsel where there is a parallel US probate dispute.

Typical American client scenarios on the Costa Blanca and Valencia

Florida heir of a Jávea villa. A Florida resident inherits a villa in Jávea from a parent who was a Spanish resident. Our office handles the Last Will Registry search, the apostille of the US death certificate, the NIE application for the heir, the acceptance of inheritance before the Jávea notary, the Modelo 650 filing, and the Land Registry transfer — all by Power of Attorney signed before a Florida notary and apostilled by the Florida Secretary of State.

California couple with property in Dénia planning their Spanish succession. A California couple owning a property in Dénia commissions us to draft a Spanish will for each spouse, with an express professio iuris electing California law, coordinated with their California estate-planning attorney. The Spanish wills are signed before a notary in Dénia during a brief visit, and registered with the Spanish Last Will Registry.

New York heirs of a Valencia apartment with multiple US states involved. A New York family inherits a Valencia apartment from a US citizen who died domiciled in New York. The Letters Testamentary issued by the Surrogate’s Court in New York are apostilled and translated. Our office handles the Spanish acceptance of inheritance and the registration of the apartment in the heirs’ names at the Valencia Land Registry.

Texas executor settling Spanish-side assets. A Texas-based executor of a US estate that includes Spanish bank accounts and a Costa Blanca property instructs our office to coordinate the Spanish-side settlement under the Texas probate process. We obtain the Spanish-side documentation, file the Modelo 650, and transfer the inherited assets to the US executor’s authority.

Why American clients choose us

• Over 30 years advising international clients in Jávea and Valencia (since 1992)
• 72+ verified five-star reviews on Google Business
• Member of the Ilustre Colegio de Abogados de Valencia (ICAV)
• Routine coordination with US executors, US estate-tax advisors and US state probate courts
• Remote representation by Power of Attorney — no travel to Spain required
• Bilingual drafting (English and Spanish) of all key documents within 24 hours
• Direct contact with the same lawyer throughout the matter — no call centres, no rotating junior staff

How to start

Contact us by phone, WhatsApp, or email for a free initial consultation. We typically reply within one hour during office hours.

Phone (landline): +34 965 792 946
WhatsApp / Mobile: +34 607 320 768
Email: [email protected]
Jávea main office: Avenida del Pla 126, 2nd floor, Offices 28 A and B, 03730 Jávea (Xàbia), Alicante
Valencia office: Calle Burriana 34, 1st floor, Valencia
Hours: Mon–Fri 09:00–20:00, Sat 09:00–14:00, with 24-hour telephone service

Related pages

• Inheritance Spain vs USA — full comparison
• Spanish Inheritance & Wills (general)
• Inheritance Lawyer Jávea — American Citizens
• Inheritance Lawyer Spain (English-speaking)

Frequently asked questions — Spanish inheritance for American citizens

Do I need US probate to inherit Spanish property?

No. The Spanish inheritance procedure is independent of US probate. Spanish notaries accept US wills with the Hague Apostille and sworn translation, or a Spanish will if the deceased executed one. US probate only governs US-situs assets.

Can my California, Florida or Texas will cover my Spanish property?

Yes. Under Article 9.8 of the Spanish Civil Code, a US citizen can elect the law of their US state of domicile to govern their Spanish succession by including a professio iuris clause in their Spanish will. The firm drafts Spanish wills for American clients with a properly worded professio iuris clause recognised by Spanish notaries and the Spanish Land Registry.

Do I have to travel to Spain to inherit Spanish property?

No. With a Power of Attorney signed before a US notary public and legalised with the Hague Apostille (issued by the Secretary of State of the signing US state), the firm handles every step of the Spanish inheritance process on the heir’s behalf — NIE applications, Acceptance of Inheritance before a Spanish notary, Modelo 650 inheritance tax filing, and registration of the inherited property at the Spanish Land Registry.

What is Spanish forced heirship (legítima) and does it affect American heirs?

The Spanish Civil Code reserves two-thirds of the estate for protected heirs (descendants first, then ascendants and the surviving spouse). However, a US citizen who owns property in Spain can elect their US state’s freedom of testation to govern their Spanish succession through a professio iuris clause in a Spanish will, in which case the Spanish legítima rules do not apply.

Is there a US-Spain inheritance tax treaty?

No bilateral inheritance tax treaty exists between the United States and Spain. Each jurisdiction taxes inheritance independently. Spanish Impuesto sobre Sucesiones y Donaciones (Modelo 650) applies to Spanish-situs assets and varies by Autonomous Community, with the Comunitat Valenciana applying reductions for direct heirs.

What is the 3% retention (Modelo 211) when American heirs sell inherited Spanish property?

When a non-resident American heir sells the Spanish property they have inherited, Spanish tax law requires the buyer to withhold 3% of the sale price and pay it to the Spanish tax authority via Modelo 211, on account of the seller’s capital gains tax. The firm handles the Modelo 211 filing and the subsequent refund claim where the seller’s actual capital gains tax liability is lower than the 3% retained.