Spanish Inheritance for American Citizens

When an American inherits property in Spain, the Spanish side is dealt with in Spain, under Spanish rules and before a Spanish notary. You do not have to travel: with a power of attorney we handle the Spanish inheritance for you, from the first certificates to the property being registered in your name. We are Spanish lawyers and we cover the Spanish side of the inheritance, from our office in Jávea and our associated office in Dénia.

We are listed on the U.S. Embassy Madrid’s list of attorneys for the Valencia and Murcia region.

Free guide: Spanish Property for U.S. Citizens — buying, selling, inheriting and gifting a property in Spain.

Step by stepThe Spanish process for American heirs

• CertificatesThe death certificate, apostilled by the Secretary of State of the state that issued it, with a sworn translation; and the Spanish certificate of last wills, which shows whether the deceased made a will in Spain.
• The willA copy of the Spanish will from the notary, if there is one. If there is only a US will, it has to be apostilled and translated, and the Spanish notary may ask for further documents depending on the state and the circumstances.
• NIEEvery heir receiving assets in Spain needs a NIE. It is applied for in person, at a Spanish consulate in the United States or in Spain; it cannot be obtained by power of attorney.
• Inheritance taxSpanish inheritance tax is due within six months of the death. An extension can be requested within the first five months; it is not automatic.
• The deedThe deed of acceptance of the inheritance is signed before a Spanish notary. We sign it for you under your power of attorney.
• RegistrationThe property is registered in the heirs’ names at the Land Registry, the municipal plusvalía is paid, and the Spanish bank accounts are released.

Which law appliesThe EU Succession Regulation

Although the United States is outside the European Union, Spanish notaries apply EU Regulation 650/2012 to every estate that includes property in Spain. It decides which law governs the succession, and therefore who inherits the Spanish property and in what shares. We check it at the start of each case, because it determines the documents the notary will need.

AfterwardsSelling the inherited property

Once the inheritance is completed and the property is registered in the heirs’ names, it can be sold, also by power of attorney. As non-resident sellers, 3% of the price is withheld by the buyer and paid to the Spanish tax office on account of the sellers’ tax; we deal with it as part of the sale.

From the United StatesYou do not have to travel to Spain

A power of attorney lets us act for you here: sign the deed, pay the taxes and register the property in your name. It can be signed at a Spanish consulate in the United States, or before a notary public where you live, then apostilled by the Secretary of State of that state and translated. We draft the wording and send it to you ready to sign.

Frequently asked questions

Do I have to travel to Spain?

No. Apart from applying for the NIE, which has to be done in person (it can be done at a Spanish consulate in the United States), everything can be done for you by power of attorney.

What if the deceased had debts in Spain?

The inheritance can be accepted “a beneficio de inventario”, which limits the heirs’ liability to the value of what they inherit, or renounced. See how to accept or reject an inheritance in Spain.

What if there is no will?

The heirs are then established under the law that applies to the succession, and the Spanish procedure is adapted to it. See when an American citizen dies in Spain without a will.

Do you advise on US law or US taxes?

No. We are Spanish lawyers and we cover the Spanish side only. For US legal or tax matters, please consult your US adviser.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. Tomas Ballestero Lawyers has advised international clients on Spanish property and succession for more than 30 years. We work in English, French or Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Selling a property? See selling a property in Spain as a non-resident.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.