Selling Inherited Property in Spain — Complete Legal Guide for Non-Residents
If you have inherited property in Spain, selling it involves several legal steps that must be completed before you can transfer ownership to a buyer. From accepting the inheritance and paying succession tax to registering the property in your name and handling capital gains tax, the process can be complex — especially for non-residents.
At Tomas Ballestero Lawyers, we guide international heirs through every step of selling inherited property in Spain, including handling all procedures by power of attorney so you do not need to travel.
Step 1: Accept the Inheritance
Before you can sell inherited property in Spain, you must formally accept the inheritance. This involves obtaining the death certificate, the certificate of last wills (Certificado de Actos de Ultima Voluntad), and the will or declaration of heirs. The acceptance is signed before a Spanish notary in a public deed of inheritance (Escritura de Aceptación de Herencia).
If you cannot travel to Spain, we can complete this step on your behalf using a notarised power of attorney.
Step 2: Pay Succession Tax
Succession tax (Impuesto de Sucesiones) must be paid within 6 months of the date of death, although a 6-month extension can be requested. The amount depends of the inherited assets, the relationship between the heir and the deceased, and the autonomous community where the property is located.
The Valencia region offers significant tax reductions for direct heirs (spouse, children, parents). Our lawyers calculate the exact tax liability and handle the filing on your behalf.
Step 3: Register the Property in Your Name
After paying succession tax, the inheritance deed must be registered at the Spanish Land Registry (Registro de la Propiedad). This formally transfers ownership to you and is a prerequisite for selling the property.
Step 4: Obtain Required Certificates
To sell property in Spain, you will need an Energy Performance Certificate (Certificado Energético), a certificate of habitation (Cédula de Habitabilidad) where applicable, and confirmation that all community charges, IBI (property tax) and utility bills are up to date.
Step 5: Capital Gains Tax on Sale
Our lawyers assist you with the tax declaration and, where applicable, help you claim a refund of any overpaid retention.
Common Challenges When Selling Inherited Property
Selling inherited property in Spain presents unique challenges. Multiple heirs may need to agree on the sale. The property may have debts, unpaid taxes or illegal constructions. In some cases, the original owner never registered the property correctly. Our team identifies and resolves these issues before they delay the sale.
How We Help
Tomas Ballestero Lawyers provides a complete service for selling inherited property in Spain. We handle inheritance acceptance, succession tax calculation and payment, Land Registry registration, property sale contracts, notary coordination, and tax declarations. We manage everything by power of attorney for clients who cannot travel to Spain.
With over 30 years of experience and offices in Javea and Valencia, we assist international clients across the Costa Blanca, including Denia, Moraira, Altea.
Contact Us
If you have inherited property in Spain and need legal assistance to sell it, contact us for a free initial consultation.
- Phone+34 965 792 946
- Mobile / WhatsApp+34 607 320 768
- Email[email protected]
Offices in Javea (Avenida del Pla, 126) and Valencia (Calle Burriana, 34).
