Wills & Inheritance Lawyer in Javea
Spanish Wills, Probate & Inheritance Services for American Citizens
Why American Citizens Need a Wills & Inheritance Lawyer in Javea
As an American citizen owning property or assets in Spain, having a valid Spanish will is essential to protect your estate. Without one, your Javea assets could be subject to lengthy succession proceedings under United States law, potentially conflicting with Spanish inheritance regulations. Spanish and United States inheritance laws differ significantly, and under EU Succession Regulation 650/2012, you may choose to apply United States law to your estate — but this election must be explicitly stated in your will.
When the time comes to administer an estate, inheriting property in Javea involves obtaining a Spanish death certificate, a certificate of last wills from the Central Registry in Madrid, paying Spanish inheritance tax within six months, and executing the inheritance deed before a notary. Our lawyers in Javea handle the Spanish side of both stages — preparing your Spanish will now and guiding your heirs through Spanish probate later. We do not advise on United States law or United States taxes: for those matters we work alongside your US attorney and tax advisor.
Our Wills & Inheritance Services for American Citizens in Javea
Spanish Will Drafting
We draft your Spanish will (testamento) covering all your assets in Javea and throughout Spain. As an American citizen, your will is prepared bilingually, registered with the Central Registry of Last Wills, and executed before a Spanish notary. The Spanish will is limited to your assets in Spain and is drafted so that it does not revoke or conflict with your existing United States will.
Coordination with Your United States Will
A Spanish will must be drafted carefully so that it does not accidentally revoke your United States will, and vice versa. We limit the Spanish will to your assets in Spain and work alongside your United States attorney so that both documents complement each other. Our advice covers the Spanish side only: the EU Succession Regulation, the choice-of-law clause and how Spanish forced heirship rules would otherwise apply. Advice on United States law, trusts or US entities remains with your US attorney.
Probate & Succession
We manage the complete Spanish probate process for American heirs inheriting in Javea. This includes obtaining the death certificate, requesting the certificate of last wills from Madrid, locating and interpreting the Spanish will, and coordinating with United States executors. We handle all documentation and apostille requirements so your family can focus on what matters.
Inheritance Tax Planning
Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) must be paid within six months of death. Depending on your residence and the location of the assets, the Valencian Community regional allowances and reductions may apply. We calculate the Spanish inheritance tax, apply all available Spanish deductions and file the return (Modelo 650). We do not advise on US federal or state taxes: your US tax advisor should confirm the position on the United States side.
Inherited Property Transfer
Transferring inherited property in Javea requires executing the deed of inheritance acceptance before a notary, followed by Land Registry registration. We handle Plusvalia municipal tax, update utility contracts, change Catastro records, and transfer IBI property tax to the new American owners. The entire process can be managed via power of attorney if heirs cannot travel to Spain.
Power of Attorney & Living Wills
We prepare lasting powers of attorney (poder notarial) allowing a trusted person to manage your Javea affairs if you become incapacitated. We also draft living wills (testamento vital) registered with the Valencian Community health authorities. These documents work alongside your Spanish will to provide comprehensive legal protection for American citizens with assets in Spain.
Making Your Spanish Will in Javea
Consultation
We review your assets in Javea and elsewhere in Spain, your family situation, and how Spanish succession law and the EU Succession Regulation affect your estate.
Drafting
We prepare your bilingual Spanish will incorporating your instructions, applicable law election under EU Regulation 650/2012, and coordination with your United States will.
Notary & Registration
We accompany you to the notary in Javea for formal execution, then register your will with the Central Registry of Last Wills in Madrid.
The Spanish Inheritance Process for American Heirs
Documents
Obtain death certificate, certificate of last wills, and locate the Spanish will. Arrange apostilles for United States documents.
Inventory
Compile a complete inventory of Spanish assets in Javea including property valuations, bank accounts, and verify any debts or charges.
Tax & Notary
Calculate and file inheritance tax with Valencian tax office. Execute the deed of inheritance acceptance before a notary in Javea.
Registration
Register inheritance deed at Land Registry. Handle Plusvalia tax, update Catastro, transfer utilities and IBI to American heirs.
Frequently Asked Questions
Do I need a separate Spanish will if I already have one in United States?
Yes, it is strongly recommended. A separate Spanish will covering exclusively your Spanish assets in Javea (Xàbia) dramatically simplifies and accelerates the inheritance process for your beneficiaries. Without a Spanish will, your heirs must obtain a grant of probate or equivalent from United States, have it apostilled, officially translated into Spanish, and then navigate the Spanish succession process, which can take significantly longer and cost significantly more. A properly drafted Spanish will, registered with the Central Registry of Last Wills in Madrid, allows your heirs to act within weeks. Our lawyers in Javea draft the will in both English and Spanish, ensuring it complements rather than revokes your existing United States will.
Do I need to travel to Javea to accept an inheritance?
No. As a American citizen, you can grant a power of attorney from United States allowing our lawyers in Javea to handle the entire inheritance process on your behalf. This includes gathering required documentation, signing the inheritance acceptance deed at the notary, paying inheritance tax, and registering the property transfer at the Land Registry. The power of attorney can be arranged at the Spanish Consulate in United States or through an apostilled document from a United States notary. Many of our American clients complete the entire inheritance process without leaving United States.
Will I pay inheritance tax in both Spain and United States?
Spanish inheritance tax and United States estate tax are separate systems, and the US-Spain double taxation treaty does not specifically cover inheritance tax. Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) applies to assets located in Spain, including your property in Javea. The rates in the Valencia region range from 7.65% to 34%, with allowances depending on the relationship between the deceased and the beneficiary. Group I and II beneficiaries (spouses, children, parents) receive a reduction of up to 100,000 euros. We prepare and file the Spanish inheritance tax return and apply all available Spanish reliefs. For the United States side you should consult your US tax advisor, with whom we are happy to coordinate.
Can I leave my Javea property to anyone I choose?
Under EU Succession Regulation 650/2012, as a American citizen you may elect to apply United States law to the succession of your Spanish assets, potentially giving you greater freedom of testamentary disposition than Spanish law allows. Without this election, Spanish forced heirship rules (legitima) apply, reserving two-thirds of your estate for your children and surviving spouse. Our lawyers in Javea ensure your Spanish will includes the appropriate choice-of-law clause referencing United States law if that is your preference, and we explain the practical implications of each option so you can make an informed decision.
What happens if a American citizen dies without a Spanish will?
If you own property in Javea and die without a Spanish will (intestate), the consequences for your heirs are significant. They must first obtain a declaration of heirs or equivalent from United States, have it apostilled and translated, then navigate the full Spanish intestate succession process. This generally involves significantly more time and higher legal costs. During this time, the property cannot be sold or transferred, any mortgage payments must continue, and community fees and taxes keep accruing. Spanish intestacy rules or United States intestacy rules (depending on applicable law) determine who inherits, which may not reflect your wishes. Creating a Spanish will with our firm is a straightforward process that protects your family from this situation.
How long does the inheritance process take in Javea?
With a valid Spanish will in place, the inheritance process for an American citizen depends on the complexity of the estate and the documents required. The key steps are: obtaining the death certificate, requesting the Certificate of Last Wills from Madrid (15 working days after death registration), gathering property documentation from Javea Land Registry and catastro, signing the inheritance acceptance deed at the notary, paying inheritance tax within 6 months of death (extendable by a further 6 months if requested within the first 5 months), and registering the property transfer. Without a Spanish will, the process can take considerably longer. Our team in Javea manages every step to ensure compliance with all deadlines.
What documents do American citizens need to make a Spanish will?
To prepare your Spanish will at our office in Javea, you need: your valid passport, your NIE (foreigner identification number, which we can arrange if you do not yet have one), details of your Spanish assets (property deed reference, bank accounts), and the full names and passport or ID numbers of your chosen beneficiaries. If you wish to apply United States law to your succession, we include the appropriate clause. The will is drafted in both English and Spanish, reviewed with you, and then signed before a Spanish notary in or near Javea. The entire process from instruction to signed will typically takes 5 to 10 working days. The notary automatically registers the will with the Central Registry in Madrid.
Protect Your Estate in Javea
Contact our wills and inheritance lawyers for guidance on Spanish wills and Spanish probate for American citizens.
Contact Our Legal Team
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Looking for the full Spanish inheritance and wills service for American citizens? See our dedicated hub: Spanish Inheritance & Wills Lawyers for American Citizens.
