What Happens to Your Assets When You Die Abroad as an Expat in Europe

In brief: Dying as an expat in Europe triggers a complex chain of legal, administrative, and practical processes that your heirs will have to navigate — often from another country, in another language. This guide explains what actually happens to your estate, who decides which law applies, and what you can do now to make it manageable.

The Question Most Expats Never Ask

You've built a life abroad. A home in Valencia, a pension in the Netherlands, a bank account in France, an investment portfolio on a Belgian platform, some cryptocurrency on an exchange registered in Ireland.

You have a will — or you think you should get one. But here's the question most expats never think to ask: when you die, which country's law governs your estate?

The answer is not obvious. And it matters enormously — for your heirs, for your taxes, for which assets they can even access.

Which Law Applies: The EU Succession Regulation

For residents of EU member states, the answer is determined by EU Regulation 650/2012, which has been in force since August 2015.

The core rule is straightforward: the law of the country where you were habitually resident at the time of your death governs your entire estate. If you lived in Spain, Spanish succession law applies to your worldwide movable assets. If you lived in France, French law applies.

There is an important exception: you can make a choice of law in your will, designating the law of your nationality to govern your estate instead. A British national living in Spain can choose English law. A German living in Portugal can choose German law. This choice must be explicitly stated in a valid will.

For UK nationals (post-Brexit), the UK is no longer part of EU Regulation 650/2012. Spanish courts will still apply the Regulation to determine which law governs, but UK law is treated as a third-country system — introducing additional complexity for British expats with assets in both countries.

For US nationals and other non-EU citizens living in Europe, the Regulation applies in the same way: habitual residence determines the governing law, with the option to choose their nationality law.

What habitual residence actually means

"Habitual residence" is not the same as domicile (a UK concept) or fiscal residence. EU courts look at where the centre of your life was: where you lived, where you worked, where your social ties were. If you spent 9 months a year in Spain and 3 months in the UK, you are almost certainly habitually resident in Spain — even if you maintained a UK address or never formally deregistered from British systems.

What Happens in Practice: The First 90 Days

When an expat dies in Spain (or France, Portugal, or another EU country), the practical sequence typically unfolds like this:

Immediate steps (days 1–14):

Succession process (weeks 2–12):

Cross-border complications:

The Five Categories of Assets — and What Happens to Each

1. Real property in Spain

Property (real estate) is always governed by the law of the country where it is located — lex situs. Even if you've chosen English law to govern your movable assets, your apartment in Alicante is subject to Spanish property law. Your heirs must complete the Spanish succession process, pay succession tax, and register the transfer at the Spanish Land Registry.

2. Bank accounts and investments

Financial accounts are movable assets, governed by the law you chose in your will (or by habitual residence if no choice was made). However, each institution has its own procedures for releasing assets to heirs. Your heirs will need: the death certificate (apostilled if from another country), a certified copy of the will, a grant of representation or equivalent, and their own identification documents.

Banks typically freeze accounts on notification of death. The timeline to release funds varies: Spanish banks typically take 3–6 months; UK banks can take longer if probate is required.

3. Pension and life insurance

Occupational and state pensions are generally governed by the law of the country where they were held — and by the specific scheme rules. Many European pension schemes will pay a spouse's pension automatically; other benefits require a formal claim. If you have a UK pension and die in Spain, your heirs must deal with the UK pension administrator directly, using English-language processes.

Life insurance proceeds typically fall outside the succession estate and pass directly to named beneficiaries — but only if the beneficiaries are up to date. An ex-spouse still named as beneficiary in a policy written 15 years ago will receive the proceeds regardless of a later will.

4. Cryptocurrency and digital assets

This is the category where most expats have no plan at all.

Cryptocurrency is a legal asset and forms part of your estate in every EU jurisdiction. But Spanish succession law has no specific framework for its transfer. There is no central registry of crypto holdings. There is no equivalent of a land registry or a bank notification process.

If your heirs don't know the wallet address, the exchange account login, or the private key — the assets are gone. Permanently.

For crypto held on exchanges: the exchange must be notified, supported documentation provided, and a transfer or sale completed within the exchange's own procedures. Some exchanges have death policies; many do not. None communicate with Spanish notaries.

For self-custodied wallets (hardware wallets, software wallets): access requires the private key or seed phrase. Without it, the funds are inaccessible regardless of what any will says.

5. Digital accounts, passwords, and personal data

Email accounts, cloud storage, social media profiles, subscription services — these are not assets in the legal sense, but they may contain irreplaceable family photographs, documents, correspondence, and memories. Each platform has its own death policy:

Without prior planning, your heirs face a platform-by-platform process — in multiple languages, across multiple jurisdictions, while grieving.

Succession Tax: What Your Heirs Will Actually Pay

Succession tax is a significant consideration for expats in Spain, and the rules are complex.

Spain's Impuesto de Sucesiones y Donaciones is levied on the value of assets inherited. The rate is progressive: from 7.65% on the first €7,993 to 34% on amounts over €797,555. Crucially, regional governments (Comunidades Autónomas) set their own reductions and bonuses — meaning the tax on an inheritance in Andalucía may be radically different from the same inheritance in Madrid or Catalonia.

For non-residents inheriting Spanish assets, the European Court of Justice has ruled that non-residents must be able to apply the same regional reductions as residents — a significant change from the previous regime that discriminated against foreign heirs.

Succession tax must be settled within 6 months of death (extendable by a further 6 months on request). Failure to pay on time incurs interest and surcharges.

What Expats Can Do Now

Get a Spanish will — even if you have one elsewhere

A will made in your home country may be valid in Spain under EU Regulation 650/2012, but a Spanish will prepared with a notario simplifies the Spanish succession process enormously. The notary registers the will with the central register; your heirs can obtain a certified copy within 15 days of your death.

Make a choice of law if it suits your situation

If you want your estate governed by the law of your nationality — rather than Spanish law — say so explicitly in your will. This matters if, for example, you prefer the forced heirship rules (or lack thereof) in your home country's system.

Document everything your heirs cannot find on their own

A will lists your assets but cannot transmit access to them. Your heirs need to know: every financial account, every digital account, the location of every important document, and how to access anything protected by a password or PIN.

This information cannot safely be left in a will (which becomes a public document in many jurisdictions). It needs a secure, separate system.

Appoint someone who knows where everything is

Your trusted contact — whoever you appoint to manage your estate — needs more than a will. They need the map. Platform logins, crypto wallet hints, the location of the safe deposit box key, the password manager master code.

How Sucesio Fits into This Picture

Sucesio is not a succession lawyer or a notary. It does not replace your will, your notary appointment, or your professional advisors.

What Sucesio does is solve the access problem — the gap between "my will says I leave everything to my children" and "my children can actually access everything I've left them."

With Sucesio, you can:

Sucesio uses monthly life verification check-ins to distinguish inactivity from death. All data is encrypted with AES-256 at rest, hosted in Europe (Ireland), and GDPR compliant. Nothing is transmitted until the protocol is triggered — and only to the people you've chosen.

Used alongside a Spanish will and professional legal advice, Sucesio ensures that your heirs don't just inherit the legal right to your estate — they can actually reach it.

Frequently Asked Questions

Which country's succession law applies when I die as an expat in Spain? Under EU Regulation 650/2012, the law of your country of habitual residence applies — in most cases, Spanish law. You can override this in your will by choosing the law of your nationality, provided you are a citizen of an EU or third country. A Spanish notary can help you formalise this choice.

Do my heirs have to deal with multiple countries if I have assets abroad? Yes. Assets in each country generally require a separate legal process in that jurisdiction. A Spanish notary handles Spanish assets; a UK solicitor handles UK assets; a French notaire handles French assets. Having well-organised documentation — and ideally a will valid in each relevant country — significantly reduces the burden on your heirs.

How long does the succession process take in Spain? Succession tax must be settled within 6 months of death (extendable to 12). The full transfer of assets — particularly real property — can take 12–24 months depending on the complexity of the estate, whether there is a will, and whether any disputes arise.

What if I die without a will in Spain? Spanish intestate succession law (and your national law, if applicable) determines who inherits. The process is slower, more expensive, and may produce outcomes very different from your wishes — particularly for unmarried partners, blended families, and non-EU nationals.

Can my heirs access my digital accounts and cryptocurrency from another country? They can attempt to, but without advance planning, the practical barriers are enormous. Each platform requires specific documentation and follows its own procedures. Cryptocurrency with no recovery information is effectively lost. Planning ahead — using both platform tools and a service like Sucesio — is the only reliable solution.

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This article is provided for informational purposes only. Succession law is complex and varies by jurisdiction. Always consult a qualified notary, solicitor, or estate lawyer in your country of residence for advice specific to your situation. Sucesio complements — but does not replace — a legally valid will and professional legal advice.