Spanish Inheritance for American Citizens
In short: as an American you can inherit Spanish property and complete the whole process from the United States — no US probate is needed for the Spanish procedure, and a power of attorney with the Hague Apostille lets us act for you in Spain. Your first consultation is free.
Tomas Ballestero Lawyers has been advising American citizens on Spanish inheritance matters for over 30 years from our offices in Javea (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.
Read our detailed comparison: Inheritance Spain vs USA.
Our services for American clients
1. 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 Javea and Valencia offices, and we represent heirs in different US states via Power of Attorney so no travel to Spain is required.
2. 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 promptly of receiving instructions.
3. 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.
Typical American client scenarios on the Costa Blanca and Valencia
Florida heir of a Javea villa. A Florida resident inherits a villa in Javea from a parent who was a Spanish resident. Our office handles the Last Will Registry search, the apostille of the US death certificate, the acceptance of inheritance before the Javea 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.
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 Javea and Valencia (for over 30 years)
- 74+ verified five-star reviews on Google Business
- Member of the Ilustre Colegio de Abogados de Valencia (ICAV)
- Remote representation by Power of Attorney — no travel to Spain required
- Bilingual drafting (English and Spanish) of all key documents promptly
- 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]
Javea main office: Avenida del Pla 126, 2nd floor, Offices 28 A and B, 03730 Javea (Xàbia), Alicante
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 (general)
- Inheritance Lawyer Javea — 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.
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 — 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).
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 part of the sale price and pay it to the Spanish tax authority via Modelo 211, on account of the seller capital gains tax. The firm handles the Modelo 211 filing and the subsequent refund claim where the seller actual capital gains tax liability is lower than the amount retained.
A leading firm in Javea for American clients in Spain · Trusted by hundreds of US citizens for inheritance and property matters for over 30 years · Highly-rated team — 74+ verified five-star Google reviews
See also our divorce and family law service for American citizens in Spain.
Guides for American citizens, city by city
Also for Americans: Inheritance in Spain · If a relative died without a will · Buying property · Property lawyers · Divorce · All legal services
You do not have to travel to Spain
Most of our international clients never set foot in a Spanish notary’s office. A power of attorney lets us act for you here: sign the deed, open the Spanish bank account, pay the taxes and register the property in your name.
There are two ways to sign it:
- At a Spanish consulate in your country. The consulate issues it directly in Spanish, and nothing further is needed.
- Before a notary where you live, then legalised with the Hague Apostille and translated. Usually one appointment close to home.
Either way, we draft the wording ourselves and send it to you ready to sign, so that the power says exactly what your matter needs and nothing more.
Ask us about a power of attorney →
This page provides general information only and does not constitute legal advice. Tomas Ballestero Lawyers advises on Spanish law only; for U.S. legal or tax matters, please consult your U.S. adviser.
