US estate with Spanish assets: probate, will and sworn translation

International estates between the United States and Spain are increasingly common: Americans with second homes on the Mediterranean coast, Spanish emigrants who died in the US with family in Spain, binational couples with assets split across countries. Handling them is perfectly viable but requires coordinating two very different legal systems: the US probate (rooted in common law) and the Spanish notarial succession (continental law).

This guide explains the document flow, which translations are required and how to chain US probate to Spanish adjudication.

The two legal logics meeting in the middle

The US system: probate

In the United States, when someone dies with assets in their name, the estate typically goes through a probate court of the state of residence of the decedent. The court:

1. Validates the will or applies intestate succession rules.
2. Appoints a personal representative (executor if there's a will, administrator if not): the person responsible for managing the estate.
3. Issues letters testamentary (with will) or letters of administration (without will): the official document evidencing the representative's powers.
4. Supervises the liquidation: inventory, debt payment, federal taxes (IRS Form 706 if above federal threshold), distribution to heirs.
5. Closes the estate when everything has been distributed.

Some states (California, Florida, Texas) allow simplified probate or trust-based succession that avoids full probate if the assets are in a revocable living trust.

The Spanish system: notarial succession

In Spain, succession is processed before a Spanish notary public (not before a judge, unless the inheritance is contested). The process is:

1. Death certificate (for Spanish decedent).
2. Certificate of last wills (Spanish Ministry of Justice) — to know if there's a Spanish will.
3. Will or declaration of intestate heirs if no will.
4. Inventory and appraisal of assets.
5. Deed of acceptance and adjudication of inheritance before notary.
6. Liquidation of Inheritance Tax (devolved to Autonomous Communities with very diverse regimes).
7. Land Registry registration of title change.

The legal framework connecting both systems

For international successions with Spanish connection, EU Regulation 650/2012 (European Succession Regulation) establishes the applicable law and international jurisdiction. Although the US is not an EU member, the EU Regulation applies when there are assets in Spain:

• By default, the applicable law is that of the habitual residence of the decedent at the time of death (US or Spain).
• The decedent may have granted professio iuris (choice of law) electing the law of their nationality. For example, a US citizen with Spanish assets who in their will expressly chose the law of their state.
• If US law applies, the succession law of the decedent's state applies to Spanish assets. The Spanish notary must know and apply the law of the corresponding US state.

US documents translated for Spain

When there are Spanish assets, the Spanish notarial file must see the US document evidencing the personal representative's legitimacy and the contents of the succession. Key documents:

For testate succession (with will)

• Will original, with court certifications and authentications.
• Letters testamentary issued by the probate court — evidence that the executor is authorized.
• Order admitting will to probate (court order).
• Certified copies of will and letters, apostilled.
• Death certificate of decedent.

For intestate succession (without will)

• Letters of administration issued by probate court.
• Court order establishing legal heirs under state law.
• Death certificate.

Complementary documentation

• Inventory of US estate if relevant to Spanish tax liquidation.
• Estate tax return (IRS Form 706) if you want to evidence federal taxes paid.
• Affidavit of heirship (in some states with simplified succession).

Apostille and sworn translation

Apostille

All probate documents are issued by the state court (probate court of the decedent's state), so the apostille is placed by the Secretary of State of the corresponding state. It is not federal apostille — this is a point many get wrong. Details in our US federal vs state apostille guide.

Exception: the death certificate is issued by state vital records (state), also state apostille.

Sworn translation into Spanish

Each US document + its apostille is translated by a MAEC-accredited sworn translator-interpreter. The Spanish notary will not accept other translations. From Textualia's catalogue:

• Sworn translation of court rulings — for court orders and letters testamentary.
• Sworn translation of notarial deeds — for notarized wills and trust agreements.
• Sworn translation of power of attorney — for powers the executor grants to Spanish lawyers or gestores.

Step-by-step process

Total timeline from start of probate to registration in Spanish Registry: 6-18 months depending on complexity.

Spanish Inheritance Tax

Each Autonomous Community has its own regime:

• Madrid, Andalusia, Cantabria, Galicia: 99% rebate for direct relatives (Groups I and II). Almost zero paid.
• Catalonia, Asturias, Valencia: moderate taxation for direct relatives, heavy for collateral relatives.
• Some Communities have specific rules for non-residents that changed after CJEU 3/9/2014.

The deadline to liquidate is 6 months from death, extendable for another 6 months if requested in time. After one year, surcharges and interest.

If decedent or heirs are not tax residents in Spain, state Tax Agency has competence (not Autonomous Community), unless tax authority is opted into the AC where assets are located (option introduced after CJEU 2014).

Common mistakes in US-Spain estates

1. Assuming the US will is enough without probate. Some heirs believe that with the original will they can go to the Spanish notary. They cannot: Spain requires letters testamentary from the US court. Without probate, the will does not operate.
2. Apostilling letters at the federal Department of State. They are issued by a state court → state apostille from Secretary of State, not federal.
3. Not requesting the Spanish certificate of last wills. If the decedent granted a will before a Spanish notary (even one forgotten from years ago), it takes precedence and the succession is processed with it. This certificate must be requested obligatorily.
4. Missing the 6-month deadline of Inheritance Tax. Generates surcharge. If you won't make it, request the extension within the first 5 months.
5. Confusing matrimonial economic regime with succession. In US "community property" states (California, Texas, Arizona, etc.) half of the patrimony is already the surviving spouse's before inheriting. This affects what gets translated and the adjudication.
6. Trust documents not translated. If the US estate is in a revocable living trust (a very common figure in California), the Spanish notary needs the trust agreement translated to understand the structure.

Typical Spanish assets in US estates

• Coastal property (Málaga, Alicante, Balearic Islands, Canary Islands) — the most common.
• Spanish bank accounts of decedent.
• Shares in Spanish companies (usually require translation of complete will for Mercantile Registry registration).
• Spanish listed company shares (managed by broker).

Each asset type has its specific registry process, but all require Spanish notarial adjudication deed + sworn translation of the US package.

Related pages

• Sworn translation of court rulings — exact format for court orders and letters testamentary.
• Sworn translation of notarial deeds — for US wills, trust agreements and deeds.
• Sworn translation of power of attorney — for executor's powers.
• US apostille: federal vs state — key rule for your probate package.
• Complete catalogue of documents we translate

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