Selling Inherited Property in Spain: Legal Requirements

Selling a property you have inherited in Spain is two procedures, one after the other: first the Spanish inheritance, then the sale. We handle both, so that the heirs deal with one firm from the first certificates to the money from the sale. And if the heirs live abroad, everything can be done by power of attorney.

Step oneThe inheritance comes first

A property can only be sold by its owners, so the heirs must first accept the inheritance before a Spanish notary and pay the Spanish inheritance tax, which is due within six months of the death. The property is then usually registered in the heirs’ names at the Land Registry before the sale; in some cases the inheritance deed and the sale deed can be signed at the same notary on the same day. Every heir who signs needs a NIE, which has to be applied for in person, in Spain or at a Spanish consulate.

Before sellingWhat has to be in order

• The Land RegistryAn up-to-date nota simple showing who owns the property and whether there are mortgages or other charges.
• Energy certificateRequired for every sale. It is issued by a qualified technician and registered with the regional authorities.
• Community of ownersFor an apartment or a property in an urbanisation, a certificate from the community showing that there are no unpaid fees.
• Local taxesThe last IBI receipt, and a cadastral description that matches the property as it actually is.

Several heirsWhen the property belongs to several heirs

When several heirs inherit the property together, all of them have to agree to sell it and all of them sign the sale, in person or by power of attorney. If one of them does not want to sell, the others can buy out that share, or the co-ownership can be ended by agreement. See our page on buying out a co-owner or selling your share.

Tax in SpainThe seller’s tax on the sale

The gain on the sale is the difference between the sale price and the value of the property declared in the inheritance, so the figures used in the inheritance matter later. When the sellers are not resident in Spain, the buyer withholds part of the price and pays it to the Spanish tax office on account of the sellers’ tax, and each seller then files a non-resident tax return for the sale. The municipal plusvalía is also payable on the sale. We put the figures in writing before anything is signed and deal with the Spanish filings as part of the sale. Tax in your own country is a matter for your adviser there.

Without travellingYou do not have to come to Spain

Apart from the NIE, the inheritance and the sale can both be handled through a power of attorney, signed at a Spanish consulate or before a notary where you live, then apostilled and translated. We draft the wording and send it to you ready to sign, so that it covers both the inheritance and the sale.

Questions

Can we put the property on the market before the inheritance is completed?

Yes, it can be advertised, but the sale itself can only be signed by the heirs once they have accepted the inheritance. It is worth starting the inheritance as early as possible, so that it does not hold up a buyer.

Who chooses the estate agent?

The heirs do, and they agree the price and the conditions with the buyer. We check the contracts and protect the sellers’ position up to the signing at the notary.

What happens to the money from the sale?

The buyer pays at the notary, less the part withheld for the Spanish tax office when the sellers are non-residents. The money is then paid to the heirs in the proportions in which they own the property.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca: Jávea, Moraira, Teulada, Benitachell, Benissa, Dénia and Altea. See also our guide to probate in Spain, our guide to inheriting property in Spain as a non-resident and our property lawyers on the Costa Blanca.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your inheritance and sale

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

Co-owners after the inheritance? See buying out a co-owner or selling your share.

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.

This page is general information about Spanish law and does not constitute legal advice. Every estate is different and you should take advice on your own circumstances before acting.