Inheritance Lawyers in Moraira

Inheriting a house in Moraira is rarely complicated in itself. It becomes slow when the paperwork is started in the wrong order, or when nobody notices early on that the house on the ground and the house on the deed are not the same house.

We act for the heirs, from the death certificate to the day the property is registered in your name. Most of the families we work with live outside Spain and never need to travel here for it.

The townWhat changes when the house is in Moraira

Moraira belongs to the municipality of Teulada, and that decides where half the documents come from. The local certificates and the licence history sit at the Ayuntamiento de Teulada-Moraira. The property itself is registered at the Registro de la Propiedad de Dénia, which is where the registered description and any charges have to be checked before anything is signed. Neither office is in Moraira.

Two things come up again and again in Moraira files. The first is the gap between what is registered and what is actually built — pools, terraces, garages and extensions added over the years that never reached the Land Registry, and which have to be regularised before the house can be sold. The second, on the coastal side — El Portet, Cap d’Or, Fanadix, Pla del Mar and Playa de l’Ampolla — is the Coastal Law boundary (deslinde), which affects what the heirs can later do with the property.

Where the house is a villa and the family intends to sell, we also advise an independent technical inspection. The architect is chosen and engaged by you — your own, or, if you do not have one, we can give you the contact of Sergio Tomás Arquitectos in Javea.

The stepsWhat a Spanish inheritance actually involves

• Death certificate and the Spanish registriesWe obtain the certificate from the Spanish Registry of Last Wills and from the insurance contracts registry, which together confirm whether the deceased signed a will before a Spanish notary.
• The will that governs the Spanish assetsIf there is a Spanish will, it governs the property here. If there is only a will made abroad, it can be used in Spain with an apostille and a sworn translation, and we check that it works with Spanish succession rules before anything is signed.
• A Spanish tax number for each heirEvery heir needs an NIE before the property can go into their name. We obtain it as part of the inheritance, so it is not a separate errand for the family.
• Inventory and valuation of the estateThe house, the bank accounts, the car, the contents. The valuation matters, because it is what the inheritance return is built on and what the buyer’s lawyer will look at if the house is sold later.
• Deed of acceptance before a Spanish notaryThe heirs accept the inheritance and the property is adjudicated. This is the step that can be signed by us on your behalf under a power of attorney.
• Inheritance taxThe return has to be filed within six months of the death. It is the one date in a Spanish inheritance that does not wait, and it is handled inside the file — we take on the tax side as part of the inheritance we are running, not as separate work.
• Land RegistryThe deed is registered and the house finally appears in the heirs’ names. Only then can it be sold, gifted or mortgaged.

No Spanish willIf the deceased left no will in Spain

It is common, and it is not a disaster. Where there is no Spanish will, the heirs are established by a declaration made before a notary, and which national law applies depends on the deceased’s nationality and residence and on whether they had chosen their national law. It adds steps and documents from the country of origin — each one apostilled and translated by a sworn translator — rather than changing the outcome. The practical cost is time, which is why it is worth starting early when the six-month tax deadline is already running.

From abroadEverything from your own country, by power of attorney

A Spanish inheritance can be completed without any of the heirs coming to Spain. You sign a power of attorney in front of a notary in your own country, or at a Spanish consulate, and we do the rest here — registries, NIE, notary, tax and Land Registry — keeping you informed by email, WhatsApp and video call. Where several heirs live in different countries, each one signs where they are.

We work on Moraira files every week from our office in Javea, about fifteen minutes away, together with our associated office in Denia. If you would rather meet in person, we are happy to; it is simply not necessary.

AfterwardsSelling the house once it is in your name

In most Moraira inheritances the family ends up selling. It is worth knowing before you start that the sale is much easier if the registry work was done properly during the inheritance: the description brought up to date, the extensions regularised, the community and utilities in order. Done in that order it is one piece of work. Done afterwards it is two, and it holds up a buyer.

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QuestionsFrequently asked questions

Do all the heirs have to come to Spain? No. With a power of attorney signed in your own country we can complete the whole inheritance on your behalf, including the signature before the notary.

The house is in Moraira but the notary is not. Does that matter? No. A Spanish inheritance deed can be signed before any Spanish notary; what is fixed is the Land Registry, which for Moraira is Denia.

What is the one deadline we should not miss? The inheritance tax return, six months from the date of death.

The will was made in our own country. Is it valid here? It can be used in Spain, with an apostille and a sworn translation. We check how it works with Spanish succession rules before anything is signed.

There are extensions that are not on the deed. What happens? It is very common in Moraira. They can usually be brought on to the deed and the registry, and it is far better done during the inheritance than when a buyer’s lawyer finds them.

Where is your office? Avenida del Pla 126, Javea, about fifteen minutes from Moraira. We also work with our associated office in Denia. Meetings in person or fully remote, as you prefer.

The lawyers who will handle your inheritance

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

Disclaimer. The information on this page is general in nature and does not constitute legal advice. Every property and every transaction is different, and the applicable rules may change. No decision should be taken on the basis of this page alone without obtaining advice on your specific case. Tomas Ballestero Lawyers accepts no liability for actions taken in reliance on this general information.