How to execute USA Testament in Spain

Executing a US will in Spain involves a precise legal procedure to ensure foreign probate documents are valid and recognized by Spanish authorities, notaries, and the Land Registry.

1. Initial Requirements in the United States

In order to execute a USA Testament in Spain, the estate must first be processed through the relevant US probate or notarial authorities in order to:

  • Confirm that it was the last will and testament made by the deceased, and obtain the USA Grant of Probate.
  • Appoint you formally as the legal inheritor/beneficiary of the deceased’s assets.

Once issued, these US documents must be properly legalized for international use:

  • The Hague Apostille: Legalized with the international Apostille seal.
  • Sworn Translation: Translated into Spanish by an official sworn translator (Traductor Jurado).

2. Verification of Spanish Wills (Madrid Registry)

Before proceeding under a US will, Spanish law requires verifying whether the deceased executed a separate will in Spain. Even if you hold a valid copy of a US testament, we must obtain the official Certificate of Last Will (Certificado de Últimas Voluntades) from the central registry in Madrid to confirm if any Spanish will exists and at which notary office it is registered.

For this mandatory search, the following documents are required:

  • Original Death Certificate: Legalized with The Hague Apostille.
  • Official Translation: Sworn translation of the death certificate into Spanish.

3. Execution of the Inheritance in Spain

Once the central registry confirms that no conflicting Spanish will exists, we proceed with the formal succession process:

  1. Submitting the legalized US probate documents to a Spanish Notary Public.
  2. Drafting and executing the official Deed of Acceptance of Inheritance (Escritura de Aceptación y Adjudicación de Herencia).
  3. Settling Spanish Inheritance Tax and local municipal plusvalía taxes.
  4. Registering title ownership changes at the relevant Spanish Land Registry (Registro de la Propiedad).

4. Documents and Formalities Required from You

  • US Probate Documents: Obtained from the competent court/notary in the US. Our bilingual team can coordinate instructions with your US attorneys.
  • Spanish Tax Number (N.I.E.): A mandatory identification number for non-residents required to conduct any legal or tax transaction in Spain (including inheritance and future property sales). This can be obtained at the Spanish Consulate in the US or directly in Spain.
  • Power of Attorney (POA): To save you traveling to Spain for signatures and meetings, we can prepare a bilingual POA. You can sign it before the Spanish Consulate or a local notary with an Apostille. This empowers us to obtain your NIE, sign the inheritance deed, settle taxes, register the property, and manage a future sale if desired.

5. Post-Inheritance Formalities

Following registration of ownership at the Land Registry, we finalize the administrative transfer of the property:

  • Updating or renewing the Certificate of Habitation (Cédula de Habitabilidad / Licencia de Ocupación) in the new owners’ names.
  • Transferring utility contracts (water, electricity, gas, community charges) and local bank direct debits.