Managing an inheritance in the United States requires identifying the applicable law, gathering certificates and documents, obtaining apostilles and translations if needed, choosing the competent notary or court, fulfilling local and federal tax obligations, and formalizing the allocation and registration of assets. Below are detailed steps, documents, deadlines, taxes, and FAQs.
If you’re wondering “how do I manage an inheritance in the United States?”, follow these steps and check the quick table of documents and deadlines.
Table of Contents
- Steps
- Documents and Deadlines
- Taxes
- Allocation and Registration
- Frequently Asked Questions
How to Manage an Inheritance in the United States? Steps
Numbered List Block:
- Applicable law and will: determine the decedent’s residence and the relevant state jurisdiction; review the will and testamentary intentions.
- Documentation: gather certificates (death, last wills), asset inventories, apostilles, and sworn translations if documents are foreign.
- Notary or court and representation: identify the competent authority in the United States; manage powers of attorney if acting remotely.
- Taxation: calculate federal and state estate taxes, capital gains if applicable, and check double taxation agreements with Spain or other countries.
- Allocation and registration: draft the deed or court allocation order and register in public records in the United States and, if needed, in Spain.
Documents and Deadlines
Table Block (6 columns):
| Document | Issued by | Where | Apostille/Translation? | Approx. Deadline | Approx. Cost |
|---|---|---|---|---|---|
| Death Certificate | Vital Records | State of residence | Yes, if foreign | 3–10 days | €10–30 |
| Last Wills / Testament | Notary / Court | State of residence | Apostille + translation if needed | 3–15 days | €20–60 |
| Asset Inventory | Courts / Registries | State of residence | According to document | 1–4 weeks | — |
| Hague Apostille | Competent Authority | Issuing country | — | 1–10 days | €20–60 |
| Sworn Translation | Certified Translator | — | — | 2–7 days | €0.08–0.15/word |
| Deed / Allocation Order | Court / Notary | State of residence | As per annexes | 1–3 weeks | €300–1,200 |
Taxes
List Block:
- Federal estate tax: applies depending on total estate value.
- State estate tax: varies depending on decedent’s state of residence.
- Capital gains: applicable if assets in the U.S. increased in value.
- Double taxation: check treaties between the United States and Spain or rules for exemption/credit.
Sources (Paragraph Block):
Useful sources: IRS, state tax authorities, EU Regulation 650/2012 for international inheritance matters.
Allocation and Registration
List Block:
- Deed or court allocation order with asset inventory and allocation details.
- Registration in U.S. public records and, if applicable, in Spain.
- Remote representation: powers of attorney and legalizations if necessary.
Frequently Asked Questions {#faq}
How to manage an inheritance in the United States?
Identify the applicable law, gather certificates, legalize and translate documents, determine the competent notary or court, pay taxes in each country, and formalize allocation and registration. Check the steps and document table.
How do I manage an inheritance in the United States?
Follow these steps: applicable law → documents (certificates, apostille, translations) → notary/court → taxes (Spain and U.S.) → deed/order and registration.
What documents do I need (certificates, apostille, translations)?
Death certificate, last wills, asset inventory, apostille, and sworn translation if documents are foreign.
Where do I pay taxes if there are assets in two countries?
In Spain (inheritance and, if applicable, capital gains) and in the U.S. according to federal and state law, considering double taxation treaties.
Can I manage everything remotely?
Yes, with powers of attorney and legalizations. The competent authority usually accepts representation by an authorized person.
Conclusion
Managing an inheritance in the United States can be complex due to legal and tax procedures across different countries and states. To ensure everything is done correctly and safely, it is best to seek professional help. Therefore, I recommend consulting Grupo Hereda, specialists in international inheritance, who can guide you step by step efficiently and securely.
References / Legal Sources
- Federal Estate Tax (IRS official)
- Internal Revenue Code (Estate Tax sections) (26 U.S. Code, Subtitle B, Chapter 11)
- Uniform Probate Code (UPC model law, NCCUSL)
- California Probate Code (example state law)
- New York Estates, Powers and Trusts Law (EPTL)
- U.S. Courts – Probate Process Overview
Documents & Apostilles - U.S. Department of State – Apostille Convention (1961 Hague Convention)
- Vital Records Offices by State (death certificates)
- National Association of Judiciary Interpreters and Translators (to find sworn translators in the U.S.)
Taxes & Double Taxation - IRS – Estate & Gift Tax Forms (Form 706)
- State Estate & Inheritance Taxes (overview by Tax Foundation)
- Spain–U.S. Double Taxation Treaty (official IRS publication, PDF)
- Spanish Tax Agency – Convenio de doble imposición EE.UU.–España
International & EU References - Regulation (EU) 650/2012 (European succession regulation)
- Spanish Inheritance and Gift Tax Act (Ley 29/1987) – BOE official text
- Spanish Inheritance Tax Regulations (RD 1629/1991) – BOE official text
GRUPO HEREDA
Grupo Hereda is a law firm with extensive experience in this sector, with over 25 years of practice. We work throughout Spain. If you have an inheritance in Andalusia and don’t know where to start, talk to us—we work all over Spain.
If you find yourself in a complicated situation, don’t give up. Contact us, and we will find a personalized solution for you. Call us! (+34) 915 487 550 or send an email to info@grupohereda.com.
