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It may happen that it is necessary to claim the inheritance of a non-resident in Spain so that the assets that the deceased had become the property of the heirs.
We are going to analyze all aspects related to international heritage in countries of the European Union.
How to process the inheritance of a foreigner
When a person dies abroad and his heir resides in a different country, the inheritance can be executed through one of the following options :
- Going to the courts of the last country of the European Union in which the deceased has resided.
- Before a notary of any country of the European Union.
In either of the two cases, the authority will apply the regulations corresponding to the last country of the European Union in which the deceased resided , although there is also the possibility that they have chosen to apply to the inheritance the regulations of the country whose nationality they possessed, in In the latter case the situation is somewhat different.
Choice of the court by the heirs
When there is some type of dispute related to inheritance and it must be resolved by a court, the heirs must go to the courts of the last European country in which the deceased would have resided.
However, there is an exception to this general rule and that is when the deceased has chosen to apply the regulations of their country of nationality to their inheritance . In this case, and if all interested parties share the same nationality, they can agree to go to the courts of that country. Of course, the agreement must be unanimous between all parties.
Acceptance or waiver of inheritance or succession
To accept or renounce the inheritance it is possible to declare before a court. What’s more, you can make this declaration in a court of the country where you reside , even if the inheritance or succession is processed in another country of the European Union and the validity will be the same as if it were for an inheritance in the same country.
Effects of judicial decisions issued in another country of the European Union
When there is a judicial decision on an inheritance that has been issued in any country of the European Union, it will be recognized in the other European countries without having to carry out any special procedure.
In the event that there are one or more interested parties in another European Union country who do not want to comply with the resolution, it is possible to request its execution and, in this case, the police or a judicial agent will intervene to force compliance. However, the other party may appeal the recognition of the resolution when any of the following cases occur:
- If the resolution is incompatible with the policy of the country where it must be executed or recognized. For example, when discrimination occurs.
- When the resolution contradicts previous judicial resolutions of the country where it must be recognized or executed.
- That one or several of the interested parties in the procedure cannot prepare their defense .
European Succession Certificate
Sometimes the heirs have to prove to authorities or banks in other countries the right to ownership of the assets of the deceased.
In these cases, it is possible to request a national document from the authority of the country executing the inheritance where the condition of heir, testamentary executor or administrator of the assets is certified. The main disadvantage of the national document can have different effects depending on the EU country that issued it, which can delay the recognition of your rights in another EU country.
Another option is to request a European Certificate of Succession from the same authority , which has the advantage that its effects extend to all the countries of the European Union , regardless of the country where it was issued. In addition, it is not necessary to carry out any special procedure for its recognition.
The European Certificate of Succession can be requested from a court of a competent European Union country or other similar authority , such as a notary. If they deny it, it is possible to appeal. The issuing authority retains the original and issues certified copies for the heirs, executors or administrators, which are valid for a period of six months and can be modified or withdrawn if it is considered inaccurate.
To process the inheritance of a non-resident in Spain, it is possible to go to a court or notary in any country of the European Union, usually going to the authority of the last country where the deceased resided, except when the deceased has chosen to apply the regulations of the country where he is a national and all parties agree and share nationality, which may be applied to the authorities of that state. On the other hand, it is possible to accept or reject an inheritance through a declaration in a court of the country of residence and request a European Certificate of Succession before a court of any country of the European Union.
Further information
This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.
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