United States

Miami Families and Spanish Inheritances: A Practical Guide

Published April 2025 · 9 min read · By International Inheritance Spain

Miami has one of the largest Spanish-speaking communities in the United States, with strong ties not only to Latin America but also to Spain itself. Many Miami families have grandparents or parents who owned property in Spain — on the Costa del Sol, in Mallorca, or in cities like Madrid and Barcelona. When those family members pass away, Miami-based heirs face the challenge of managing a Spanish estate from across the Atlantic.

Common Situations for Miami Families

The most common scenarios we see from Miami-based clients:

• A Cuban-Spanish or Spanish-American family with property in coastal Spain inherited through multiple generations
• A parent who retired to Spain and held Spanish bank accounts and property, leaving heirs scattered between Miami and Spain
• A second-generation Spanish-American who inherits from a grandparent who never sold the family home in Spain
• US nationals who purchased a Spanish holiday property that now forms part of an estate

Signing Documents from Miami

Miami residents can grant a Spanish power of attorney at the Spanish Consulate General in Miami — at 2655 Le Jeune Rd, Suite 203, Coral Gables, FL 33134. Alternatively, a Florida notary can witness the signature, which is then apostilled by the Florida Secretary of State and accompanied by a sworn Spanish translation.

The Spanish Consulate in Miami typically has faster appointments than New York given lower demand. We prepare the document in advance.

Spanish Inheritance Tax from Florida

Florida has no state inheritance tax and no state income tax — but this does not affect Spanish inheritance tax obligations. Spanish ISD applies to Spanish-located assets regardless of where the heir lives.

The good news: following Spanish domestic law incorporating the ECJ 2014 ruling, US heirs can claim regional tax reductions. Miami families inheriting coastal properties on the Costa del Sol or in Andalucía often pay near-zero Spanish inheritance tax.

Dual US-Spanish Nationality and Inheritance

Many Miami families have dual US-Spanish nationality. If the deceased was a Spanish national, Spanish succession law fully applies. If the deceased was a US national only, Spanish law still governs Spanish-located assets (lex situs). The nationality of the heir does not affect Spanish inheritance tax liability — all heirs are taxed on Spanish assets regardless of their nationality.

IRS Obligations: Form 3520 and FBAR

US persons (including dual nationals) who receive an inheritance from a non-US person exceeding $100,000 must file IRS Form 3520. If you inherit Spanish bank accounts, FBAR (FinCEN 114) may be required if the aggregate balance exceeds $10,000. Penalties for failure to file are substantial — this is an area where US tax advice is essential alongside the Spanish legal process.

What If the Deceased Had Both US and Spanish Assets?

For estates with both US and Spanish components, two separate processes must be conducted in parallel:

• US probate (if required under Florida or federal law)
• Spanish inheritance administration (notary deed, Spanish inheritance tax, registration)

We manage the Spanish side and coordinate with your Florida probate attorney on the US side. Spanish inheritance tax paid can potentially be claimed as a foreign tax credit in the US federal estate tax return.