International Inheritance between Argentina and Spain

Inheriting across international borders can raise many questions. This is especially true for inheritances between Argentina and Spain, given differences in legal traditions (Argentina follows a civil law system akin to Spain’s, but with its own nuances) and tax systems. In this comprehensive guide, we explore which country’s law applies to an Argentina–Spain succession, how each country taxes inheritances, what happens when heirs in Spain inherit from Argentina and vice versa, and key deadlines and steps. Whether you are an Argentine resident inheriting from Spain or a Spanish resident inheriting from Argentina, understanding these points will help you navigate the process smoothly.

Jacob Salama

9/24/202520 min read

Applicable Law for the Succession)

Conflict of Laws: When a person connected to both Argentina and Spain passes away, determining the “ley aplicable” (governing law of the inheritance) is crucial. Spain, as an EU member, uses the EU Succession Regulation (650/2012) approach: the law of the country where the deceased had their last habitual residence generally governs the inheritance, regardless of nationality. In contrast, Argentina’s legal framework has historically taken a different approach. Argentine law tends to apply the law of the deceased’s last domicile for movable property, but for immovable property (real estate), Argentine courts apply the law of the country where the property is located. This means Argentina could potentially split the estate by asset location (a principle known as “lex situs” for real property).

  • If the deceased was habitually resident in Spain: Spanish law will typically govern the succession as a whole (Spain’s conflict rules, aligned with EU Regulation, say the law of last residence applies). Spanish law includes forced heirship provisions – children (and sometimes other ascendants) are “forced heirs” who must receive a reserved portion of the estate. If the person was Spanish or even Argentine but living in Spain, unless they chose otherwise in a will, Spanish inheritance law and its distribution rules apply. However, note that under the EU Regulation, an individual can choose their national law to govern their estate. So an Argentine citizen living in Spain can elect Argentine law in their will. This choice is significant because Argentine succession law, while also having forced heir rules, might have some differences in detail (e.g., different reserve percentages or handling of certain assets) compared to Spanish law. Making such a choice can provide clarity and ensure the succession follows the system the person is more familiar with.

  • If the deceased was habitually resident in Argentina: Argentine law will primarily govern the succession. Argentina’s Civil and Commercial Code (effective since 2015) dictates much of how inheritance is handled. One key aspect is that Argentine law, like Spanish law, has mandatory heirship: one cannot freely disinherit close relatives. In fact, Argentine law considers forced heirs similarly (forced heirship was a strong part of the Napoleonic heritage in Latin America). For example, children and spouse are protected heirs under Argentine law, and a large portion of the estate must go to them. If the Argentine decedent owned assets in Spain (say a property on the Costa Brava), Argentine conflict rules would say that Spanish property is subject to Spanish law for the purposes of succession. In practice, this could mean there will be two parallel proceedings: an Argentine succession for assets in Argentina and a Spanish acceptance of inheritance for the Spanish property, each applying its own law. The Spanish notary, when handling the Spanish property, will look at the conflict rules: Spain’s view under EU Regulation is that Argentine law governs (since the person lived in Argentina), but Spanish authorities might accept a renvoi – meaning, if Argentine law would refer the matter of Spanish property back to Spanish law (which it does: lex situs rule), then Spanish law could end up applying to that Spanish property after all. This is a complex loop, but the bottom line is that both legal systems may be involved for different assets.

Given this complexity, having a well-drafted will can simplify matters. Ideally, an individual with assets in both countries might have a Spanish will for Spanish assets (opting for either Spanish or Argentine law as appropriate) and an Argentine will for Argentine assets, ensuring each will is coordinated. If you’re dealing with an inheritance as an heir, you may encounter Argentine courts or notaries for some parts and Spanish notaries for others.

Practical example: Suppose a Spanish citizen was living in Argentina at the time of death. According to EU rules, Argentina being the last residence would mean Argentine law applies overall (and Spain would respect that). Argentine law would call for Argentine distribution (forced shares to spouse/kids, etc.). Any property in Spain, however, Argentine law says apply Spanish law to that property. Spanish authorities might thus distribute the Spanish property under Spanish intestate rules or the Spanish will. This kind of scenario underscores the importance of professional legal guidance to sort out which law applies to which asset.

In summary, applicable law in Argentina–Spain inheritances depends on the deceased’s residence and any choice-of-law made. Both countries share a civil-law heritage with forced heirship, so in either case, close family members have strong inheritance rights. However, differences in procedure (court vs. notary) and conflict rules require careful navigation.

Ley Fiscal Aplicable (Applicable Tax Law)

Taxation is a critical aspect of international inheritances. Spain and Argentina each have their own approach to taxing inheritance, and understanding who taxes what is key to avoid paying more than necessary or falling afoul of the law.

Inheritance Tax in Spain: Spain levies an Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones, ISD). Key points of Spanish inheritance tax (IHT):

  • Tax Resident Heirs: If the heir is a tax resident in Spain, they are subject to Spanish IHT on worldwide inheritances (personal obligation). That means if you live in Spain and inherit assets in Argentina, Spain expects you to declare that inheritance and potentially pay Spanish tax on it. This is irrespective of the deceased’s nationality or the location of assets.

  • Non-Resident Heirs: If the heir is not a Spanish resident (e.g., an heir living in Argentina) but is inheriting assets located in Spain, then only those Spanish assets are taxed by Spain (real obligation). If the inheritance has no assets in Spain, a non-resident heir owes nothing to Spain.

  • Spanish Tax Rates and Allowances: Spanish inheritance tax is decentralized to the Autonomous Communities (regions). The central government sets baseline rates (progressive, roughly 7.65% up to 34% on large inheritances), but each region can and has implemented its own deductions and bonuses. In practice, many regions (like Madrid, Andalusia, Valencia, etc.) have nearly 99% tax reductions for spouses, children, and parents. This means if you qualify (close kin and meet any regional conditions), your tax bill in Spain can be extremely low or zero. Other regions still impose some tax but often with large allowances (for example, Catalonia and Galicia have tax but exempt the first ~€1 million for children in some cases). It’s crucial to determine which region’s rules apply — generally it’s the region of the deceased’s residence or the region where the most valuable property is located. Non-resident heirs now benefit from these regional rules too, thanks to legal changes: previously, only EU/EEA residents could, but Spanish courts extended the benefit to all non-residents, including Argentinians.

  • Spanish Tax Filing: Spain requires an inheritance tax return (Form 650) to be filed within 6 months from death (extendable to 12). Even if no tax is due (because of allowances or small estate), the return must be filed. Failure to file can result in penalties.

Inheritance Taxes in Argentina: Argentina currently does not have a federal inheritance tax. Historically, Argentina had inheritance taxes at various times, but as of the last decades, there is no national tax on inheritance. However, there is one notable exception at a sub-national level: the Province of Buenos Aires (one of Argentina’s provinces) reintroduced an inheritance (and gift) tax in 2011. If the deceased or the assets are within Buenos Aires Province, that local tax (often called “Impuesto a la Transmisión Gratuita de Bienes”) could apply above certain exemptions. Other provinces do not tax inheritances (for example, the City of Buenos Aires and most other provinces have no death tax). So in many cases, Argentine heirs do not pay tax on inheritances in Argentina.

  • If an Argentine resident inherits assets in Argentina: Outside of Buenos Aires Province’s specific rules, there’s generally no inheritance tax to pay. The inheritance is handled through civil law processes but without a tax bill to the heirs.

  • If an Argentine resident inherits assets abroad (like in Spain): Argentina doesn’t tax that receipt either (no inheritance tax). However, if that inherited asset produces income (like rental from a Spanish property or dividends from foreign stocks), then Argentine income tax might come into play later, but that’s beyond inheritance itself.

Double Taxation Considerations: Because Spain has a tax and Argentina largely doesn’t, the main risk of double taxation is low. However, one scenario to consider: a Spanish resident heir inheriting Argentine assets will face Spanish tax (because Spain taxes worldwide for its residents), while Argentina won’t tax. Conversely, an Argentine resident heir inheriting Spanish assets will face Spanish non-resident inheritance tax on those assets, while Argentina won’t tax the inheritance. In both cases, only Spain is taxing. There’s still an important consideration: the Spain–Argentina Double Taxation Treaty (DTT) for income and wealth (from 2013) does not cover inheritance taxes, as inheritance tax isn’t part of standard income tax treaties. Instead, Spain uses its internal law (Article 23 of ISD law) to avoid double tax. If an Argentine inheritance had some local tax (say the Buenos Aires province tax) and a Spanish resident heir had to pay Spanish tax on the same assets, Spanish law would allow the heir to deduct the Argentine tax from the Spanish tax due, to the lower amount. And vice versa, if somehow an Argentine heir paid Spanish tax and Argentina had a tax (generally not), presumably Argentina would credit it due to the treaty’s spirit on avoiding double taxation (though specifically inheritances aren’t covered, Argentina might allow a foreign tax as an expense or something). In practice, since Argentina doesn’t tax inheritances generally, most Argentina–Spain inheritances will only incur Spanish inheritance tax (if any).

Importantly, if an Argentine estate paid any form of tax (like stamp duties or the Buenos Aires tax), the heir in Spain can request a credit in Spain so they don’t pay twice. According to MBT Abogados, Spain and Argentina are “governed in tax matters by the Agreement to avoid double taxation,” meaning if you paid inheritance taxes in Argentina, you can ask not to pay the same tax in Spain. This likely refers to using the treaty’s general principles or Spanish unilateral relief. The advice uniformly is: consult a tax professional in both countries when handling the tax filings to ensure credits or exemptions are correctly applied.

Summary: Spain has an inheritance tax; Argentina (except a province) doesn’t. A Spanish resident inheriting from Argentina will pay Spanish tax on it; an Argentine inheriting from Spain will pay Spanish tax on the Spanish assets. Double taxation is mostly mitigated by the fact that only one side taxes in most cases, and even if both did, mechanisms exist to offset the amount.

Heirs Residing in Spain Receiving an Inheritance from a Parent Deceased in Argentina

If you live in Spain and your parent (or benefactor) passed away in Argentina, you are dealing with a cross-border inheritance. Here’s what to expect and do:

1. Argentine Succession Process: Argentina’s inheritance process usually involves the Argentine courts. In Argentina, succession (whether testate or intestate) is typically a judicial process handled by a civil court in the jurisdiction where the deceased had their last domicile or where their immovable property is located. If your parent died in Argentina, you will likely need to initiate a succession proceeding (Sucesión) there. A local Argentine lawyer (abogado) will be essential to represent you in that process. The court will validate any will (if one exists) or, if no will, will apply Argentine intestate succession law to declare the heirs and their shares.

  • Documents: You’ll need Argentine death certificate, identification documents, and proof of relationship (e.g., your birth certificate to prove you are the child). These may need to be translated/apostilled if they are foreign documents (like if you have Spanish birth certificate, to use in Argentinian court it needs apostille and Spanish to Spanish is the same language but different country, they might still want an apostille).

  • Will: If your parent left a will in Argentina, the process will involve presenting it to the court for validation (probate). If the will was made in Spain or another country, it needs to be submitted to the Argentine court, which may require legalization and a translation into Spanish (Argentine Spanish legal format).

  • No Will: If no will, the court will determine heirs according to Argentine law (spouse and children primarily).

  • Outcome: The end result is a declaratoria de herederos (declaration of heirs) or a court-approved distribution per the will. This court resolution allows transfer of assets in Argentina to the heirs.

2. Using Power of Attorney: As a Spanish resident who might not be able to spend extended time in Argentina, you can manage the process via a power of attorney (POA). You can execute a POA in Spain (before a notary) authorizing someone you trust or a legal representative in Argentina to act on your behalf. That POA must be legalized (apostilled) and typically translated for use in Argentina. MBT Abogados specifically notes: “If you inherit in Argentina and you are not willing or able to travel, you will have to make a power of attorney before a notary in Spain. Thus, a relative or friend will be able to sign on your behalf in Argentina.”. This can save you time and money by not having to be physically present for every step of the Argentine succession.

3. Transferring Assets from Argentina to Spain: Once the Argentine succession is completed, whatever assets you inherit can be transferred. If it’s money in Argentine bank accounts, you’ll likely want to transfer it to Spain. Be mindful of Argentina’s currency controls – moving money out of Argentina can be regulated, and you might need to work with financial advisors to legally repatriate funds (there might be limits or special procedures for foreign heirs receiving pesos and converting to euros/dollars). If it’s real estate, you might remain owner of property in Argentina or decide to sell it. Selling Argentine property as a non-resident might involve its own tax (Argentina might tax capital gains on sale, and there could be inheritance stamp duties when changing property title). Consult an Argentine accountant or the lawyer about these implications if you plan to liquidate assets.

4. Spanish Tax Obligations: As a tax resident in Spain, you must declare the inheritance from Argentina for Spanish inheritance tax purposes. You have 6 months from the date of death to file Spain’s inheritance tax return. This is important: even though the estate was in Argentina and could still be in process, the Spanish tax clock doesn’t wait for the Argentine proceedings to finish. You might have to estimate the inheritance’s value for the Spanish filing. It’s possible to request an extension if needed. In your Spanish tax filing (Form 650), you’ll list the assets you inherited (e.g., “House in Buenos Aires worth X euros”, “Bank account with Y amount”).

Note: Valuation can be tricky – you may not know the exact value until things are settled. Try to get a reasonable appraisal or use the value declared in the Argentine process. You can always adjust if needed. Filing timely (even with an estimate) is better than late filing.

The Spanish tax will calculate what you owe. Now, since Argentina (generally) didn’t levy an inheritance tax, you won’t have a foreign tax credit issue in most cases. However, if, say, the property was in Buenos Aires Province and you paid some provincial inheritance tax, make sure to claim that so Spain can credit it.

Also, remember Spanish residents inheriting assets abroad must also consider Spain’s Model 720 asset reporting. If by the end of the calendar year you hold inherited assets in Argentina worth over €50,000 (such as a bank account or property), you’ll need to report them on the Modelo 720 by the following March. For instance, if you inherited an Argentinian bank account with €100,000 in December and haven’t transferred it by year-end, you must report it. Failing to do so has heavy penalties.

5. Example: Let’s put this into a scenario. María lives in Spain. Her father in Argentina dies, leaving a house in Córdoba and some bank savings. María, through an Argentine lawyer, opens succession. She gives her cousin in Buenos Aires a POA from a Spanish notary to represent her. Six months is running; by month 5, things are still in court, so María files for an extension in Spain for her inheritance tax. The Argentine court by month 9 declares María the heir of the house and $20,000. María finds a buyer for the house and sells it, then converts the money and transfers all funds to Spain by month 15. She then files her Spanish inheritance tax (within the extended 12 months) declaring the equivalent value of house and cash. In Córdoba, there was no inheritance tax, so Spain taxes it but because it’s her father and in her region (say she lives in Catalonia) the tax is minimal. She pays it. She also files Modelo 720 because by Dec 31 she still owned the house (an Argentine property valued over €50k must be reported). After all this, María has her inheritance safely in Spain. The key was handling both jurisdictions’ requirements: Argentine legal transfer and Spanish tax compliance.

6. Inheritance of Spanish Assets by Spanish Residents (from Argentine decedent): One more twist: what if the Argentine-based parent also had assets in Spain (like a bank account or property in Spain)? In that case, the Spanish assets might undergo a Spanish notarial inheritance process parallel to the Argentine one. You would then deal with Spanish law for those assets (though Argentine law might govern who inherits, in practice if you’re the child you’d inherit in either system). It’s important to coordinate – fortunately, as the heir residing in Spain, you can tackle the Spanish assets with a local notary relatively quickly (obtaining a Spanish will certificate, etc.). You’d still reflect everything in one tax filing. Coordination between the Argentine lawyer and a Spanish lawyer is beneficial so that they ensure the estate is fully covered and the division is consistent.

Heirs Residing in Argentina of a Person Who Died in Spain

In this scenario, you are living in Argentina and your parent or relative passed away in Spain. Here’s how to proceed and what to keep in mind:

1. Spanish Succession Process: If your family member died while living in Spain, the inheritance will be processed under Spanish law. Spain’s system, unlike Argentina’s, often does not require court intervention if there is agreement among heirs. It typically involves a notary public who will formalize the inheritance.

  • Will in Spain: If the deceased made a Spanish will (which is common for residents in Spain), settling the estate is straightforward. The will would name the heirs and distribution. The heir(s) then appear (in person or via representative) before a Spanish notary to execute an Acceptance of Inheritance deed. This document lists all assets and declares them assigned to the heirs as per the will. With it, you can change property titles, access bank accounts, etc.

  • No Will: If there was no will, a procedure to declare the heirs (declaración de herederos abintestato) is needed. For a foreign heir, this might go through a notary (for relatives like children, spouse) or a court (in some cases for more distant relatives). It establishes who the legal heirs are under Spanish intestacy (which generally prioritizes children and spouse, similar to Argentina’s priorities).

  • Forced Heirship: Keep in mind Spanish forced heir rules: if you are a child of the deceased, you are entitled to a substantial portion of the estate by law. The process will ensure that portion (legítima) is respected. If the deceased tried to leave you out via a will, Spanish law allows you to challenge it to claim your legítima. That said, if the deceased was not Spanish, they might have chosen their national law, which could affect this (but assuming the deceased was Spanish or did not choose otherwise, you as a child cannot be deprived of your reserve share without cause).

  • Documents for Spanish process: As an heir abroad, you’ll need some documents: the Spanish death certificate, Certificate of Last Wills (to see if there’s a will) and insurance certificate (shows if any life insurance with beneficiary exists). If you’re a child of the deceased, your birth certificate (to prove the relationship) will be needed – it likely needs to be apostilled and officially translated into Spanish if it was issued in Argentina (Argentina and Spain are both in the Hague Apostille convention). Likewise, if you cannot attend in person, a power of attorney can be extremely useful: you can grant a POA in Argentina (or at the Spanish consulate) to a Spanish lawyer or representative to handle the inheritance signing for you. This way, you don’t have to fly to Spain just to sign papers.

MBT Abogados outlines the typical steps to follow if living in Argentina and a family member dies in Spain:

  1. Obtain the certificate of last will in Spain (to check for a will).

  2. Obtain a life insurance certificate (to see if you’re beneficiary of any policy).

  3. If there is a will, proceed to execute it (which includes transferring any real estate to heirs’ names).

  4. If no will, carry out the intestate succession procedure to determine the heirs.

  5. Calculate and pay Spanish inheritance tax.

As noted, MBT can handle formalities without the heir traveling, via POA, saving time and money.

2. Access to Assets: Once the Spanish inheritance deed is done, as an Argentinian resident heir, you can have the Spanish assets transferred to you. Money in Spanish bank accounts can be wired to your Argentine or other accounts. Real estate can be kept (you’ll be the new owner) or sold. If you inherit property and plan to keep it, note you might need to manage it from afar (maybe rent it out or maintain it). If you sell it, Spain will charge capital gains tax on the sale for non-residents (and will withhold 3% of the sale price as prepayment).

3. Spanish Inheritance Tax for Non-Resident Heir (Argentina): Spain will levy inheritance tax on the assets located in Spain that you inherit. As a non-resident heir, only the Spanish assets are taxed (so if the deceased also had assets in Argentina, Spain ignores those for your tax since you’re not Spanish resident). Crucially, Spain now treats non-EU heirs equally to EU heirs, meaning you can benefit from regional tax allowances. So, determine the region in Spain relevant: if your parent lived in, say, Andalusia, that region allows a 99% tax reduction for children. That would drastically reduce your tax. If in a region with higher taxes, you might pay more, but you still get whatever allowances a local would.

You’ll need to file the inheritance tax (Form 650) in Spain. Non-residents typically file with a specific office (often in Madrid designated for non-resident inheritances, regardless of region, but applying regional rules — Spanish tax advisors can handle this online nowadays). The deadline is 6 months from death (extendable). If the process in Spain is still underway near the deadline, you might apply for extension. If you expect no tax due (because of allowances), don’t be complacent: still file the return on time to avoid penalties.

One positive note: since Argentina doesn’t tax the inheritance, you don’t have an Argentine tax burden on this. You won’t need a tax credit because there’s no double tax — only Spain taxes. In Argentina, inheriting is not a taxable event (no income tax on it, no inheritance tax federally). You may, however, need to report the foreign inheritance to AFIP (Argentine tax authority) if the amounts are significant, as part of personal asset disclosures. Also, if you bring money into Argentina, be prepared to explain to your bank the source (present the will or deed if needed).

4. Argentine Tax Aspects: While Argentina doesn’t tax inheritances, there are a couple of things to keep in mind:

  • Argentina does tax worldwide income and has wealth tax (Impuesto sobre los Bienes Personales) on worldwide assets for Argentine tax residents. If you inherit, say, a property in Spain and keep it, that property’s value might count toward your asset base for the annual wealth tax in Argentina (Bienes Personales). There is an exemption threshold and varying rates for assets abroad. Just be aware that by inheriting foreign assets, your tax picture in Argentina might change (you might need to start filing Bienes Personales if value is high).

  • If you later receive income from the inherited assets (rent from Spanish property, interest, etc.), that income might need to be declared in Argentina (with foreign tax credit if Spain taxed it).

  • There is a treaty between Spain and Argentina to avoid double taxation on income. While it doesn’t directly cover inheritance, it does cover things like income from immovable property, etc., so if you rent out that Spanish house, the treaty will determine who taxes the rent and how credits work.

5. Example: Alejandro lives in Argentina. His mother, who was a Spanish resident in Valencia, dies leaving him €100,000 in a Spanish bank and an apartment in Valencia. Alejandro contacts a Spanish lawyer. He cannot travel, so he signs a power of attorney at the Spanish Consulate in Buenos Aires, appointing the lawyer. The lawyer obtains the will (which named Alejandro as sole heir). They draft the inheritance deed, and by 4 months after death it’s ready. The property is transferred to Alejandro (now recorded as owner). For Spanish inheritance tax: Valencia region has hefty exemptions but not total, yet as a child he might pay a small amount on the property value. The Spanish lawyer computes a €5,000 tax, for example. Alejandro pays it by the 6-month deadline. Now he has the bank money (transferred to Argentina, mindful of currency rules) and a Spanish apartment. He decides to keep the apartment for now. In Argentina, he doesn’t pay a cent for inheriting. However, he adds the apartment’s value to his Bienes Personales declaration at year-end. If he rents it, he declares the rent (foreign income) in Argentina but can credit the Spanish non-resident income tax he’ll pay on that rent. Overall, Alejandro successfully navigates both systems with legal help, ensuring compliance and minimizing taxes.

Deadlines, Cost, and Next Steps)

  • In Spain, as mentioned, the inheritance tax must be addressed within 6 months from the date of death. If needed, apply for a 6-month extension within the first 5 months. Also, if you’re an Argentinian heir dealing with Spanish probate, try to get the notarial work done within that timeframe or have a plan (the tax can be filed with an estimate even if asset sale is pending, etc.).

  • In Argentina, there isn’t a strict deadline to initiate a succession, but delaying can have consequences (assets in limbo, accumulating expenses, currency fluctuations devaluing assets, etc.). It’s advisable to start the process as soon as practical. Also, note that in Argentina, heirs can face deadlines to accept or renounce an inheritance if formally prompted (for instance, if someone issues a legal notice, an heir might have a certain time to respond). Generally, acceptance is presumed if one doesn’t renounce.

  • Modelo 720 (Spain): For Spanish residents inheriting Argentine assets, remember the reporting deadline – March 31 of the year following the inheritance (if the thresholds are met).

  • Other: If selling inherited property, there may be deadlines to reinvest or to pay capital gains taxes in each country, but those are separate from inheritance.

Costs: An international inheritance may involve:

  • Legal Fees: Expect to hire a lawyer in Argentina and one in Spain. Some firms, like MBT Abogados or others, may coordinate across countries or have partnerships. Legal fees could be hourly or a percentage of estate; discuss at the outset. For instance, MBT Abogados in Barcelona markets services specialized for Argentinians.

  • Notary Fees (Spain): The notary charges for the inheritance deed based on estate value. It might be a few hundred euros for moderate estates.

  • Court Fees (Argentina): Court processes might require a judicial tax (in some jurisdictions, there’s a small percentage of estate value as a court fee or stamp) and publication costs for edicts in newspapers for an intestate succession.

  • Translations/Apostilles: Translating wills, death certificates, etc., and getting apostilles on each public document (death certificates, powers of attorney, court orders) will add to the cost.

  • Tax Advisory: Because cross-border tax issues can get complex (crediting foreign taxes, etc.), you might incur fees for a tax professional to prepare filings correctly in Spain or advise in Argentina.

  • Travel (optional): You might travel for closure or to view/sort property, which is a personal cost decision. As noted, legally you can avoid travel with powers of attorney in most cases.

One specific cost item: if you inherit a property in Spain and you’re the sole owner, you will have some ongoing costs like property taxes (IBI), maybe community fees, etc. Similarly, if you inherit a car or other items, consider maintenance or transfer costs. These are minor compared to the main process but should be kept in mind.

Call to Action – Next Steps: International inheritances between Argentina and Spain involve many moving parts – legal procedures in two countries, two sets of laws, and potentially two tax systems. It’s highly recommended to:

  • Seek Professional Guidance: Engage experienced inheritance lawyers both in Spain and Argentina. They can coordinate to ensure a holistic approach, so that, for example, the Spanish lawyer’s actions complement the Argentine court proceedings and vice versa. Professional advice is invaluable in, for instance, claiming treaty benefits or knowing that non-residents can now get Spanish regional exemptions (something a layperson could easily miss, resulting in overpaying tax).

  • Coordinate Tax Strategy: Because Spain will tax and Argentina mostly won’t, focus on minimizing Spanish tax by utilizing allowances and credits. A tax advisor can ensure you fill forms correctly (e.g., claiming that Argentine paid tax if any, or choosing the most favorable valuation date – Spain allows some flexibility in currency conversion dates, etc.). Also, currency exchange is an aspect: Argentina has currency controls; specialists might help repatriate funds at the best possible rate (sometimes via official mechanisms like CCL - contado con liquidación, etc.). Planning can save a lot of money given Argentina’s financial landscape.

  • Organize Documentation: Start compiling required documents early. For an Argentine decedent: you may need to request multiple certificates or notarized copies in Argentina for use in Spain. For a Spanish decedent: you’ll need your Argentine documents for the Spanish process. Getting apostilles in Argentina (at the Colegio de Escribanos or appropriate authority) and getting official translations (for example, if Argentine death certificate needs to be in Spanish for Spain, it’s already Spanish language but might need legalization; if birth certificate from Argentina is in Spanish it’s accepted in Spain but still needs an apostille). Conversely, a Spanish will (in Spanish) is fine for Argentina language-wise, but must be legalized. All this paperwork can be facilitated by attorneys or gestoría services.

  • Use Technology and Communication: Fortunately, nowadays much can be done remotely. Stay in regular contact with your lawyers. Use email, WhatsApp, video calls to keep updated on the process in the other country. This ensures you don’t miss any signatures or decisions needed from your side.

Final Thoughts: Handling an inheritance across Argentina and Spain may seem daunting, but with the right help, it can be managed efficiently. Our law firm offers expert services in international successions, with a dedicated desk for Spanish–Latin American inheritance cases. We can assist from start to finish: obtaining documents, representing you in court or notary, sorting out taxes, and even helping transfer funds or assets internationally. Contact us for a consultation to discuss your specific situation. We’ll help safeguard your rights as an heir, ensure compliance with both jurisdictions, and strive to make the process as smooth as possible.

(Disclaimer: This guide is for informational purposes and is not legal advice. Laws and regulations change, and outcomes depend on individual circumstances. Please consult qualified professionals for advice pertaining to your case.)