In order to execute an USA Testament in Spain, you need to present the Testament to a USA notary in order to:
- Confirm that it was the last Testament made by the deceased, and obtain the USA GRANT OF PROBATE
- To appointing you as legal inheritor of the deceased’s assets
Then, the notarial documents from the notary must be:
- Apostilled with the international La Hague Apostile
- Translated into Spanish by official translator
Then, these documents must be sent to us in Spain, and we have to do the following:
- To confirm that there was no Testament in Spain: Even we are provided with a copy of a determinate Testament, this makes no difference on the immediate task to do which is to obtain confirmation from Madrid about the existence of a Spanish Testament, and in which notary office is located. For this, we will need:
- Original Death Certificate stamped with an international stamp obtained in the Foreign Office called “La Hague Apostile”. We confirm the Death Certificate you have is apostilled. At some point, we Testament need the original set.
- Translation of Death Certificate. We confirm the Death Certificate is also translated.
Once we know the information from Madrid, and that in Spain there was no Testament, we will be in the position to confirm the following steps of the process, which will pass from:
- Getting the notarial documents from the USA Notary and bring them to a Spanish notary
- Executing the inheritance in Spain
- Changing the names on the land registry office into your name
- Pay taxes and expenses
The documents we need from you Testament be:
- To obtain from a notary in USA the execution of the Testament. We can help you with this task, as we have staff who speaks English.
- To obtain what we call N.I. E. number, at the Spanish Consulate in USA. This is a document which is requested in Spain from you to make transactions in Spain. Please, note that this is a document needed not only to completing the inheritance, but to complete also the sale of the propert if the case.
- To sign to our company a Power of Attorney: In order to avoid you come to Spain to sign documents, and assisting to personal meetings related to the sale and the inheritance, we can arrange with the Spanish Consulate in USA to prepare a document from you to authorise us to act on your behalf in both, execution of the inheritance process in Spain, and the sale of your property. We could also use the POA to obtain for your the NIE number in Spain.
- To present all the documents to a Spanish notary. The Spanish notary will prepare the inhertiance deeds to be signed.
- To sign all the necessary documents in Spain, and to present declaration of Spanish Inheritance Tax.
- To complete the registration procedure at the Spanish Land registry.
Then, it will be necessary to:
- Obtain renovation of the certificate of habitation in the name of the inheritors
- Complete the change of the water, electric, bank accounts, etc in the name of the inheritors