Information reviewed in August 2026 · Reading time: 10 minutes

Yes, an inherited property in Granada or on the Costa Tropical can be sold. Before the sale, the heirs must be identified, the inheritance must be accepted and allocated, the relevant taxes must be filed, and ownership of the property must be clear. If several people own the property, they must all agree to a voluntary sale of the whole property.

The main difficulty is usually not finding a buyer, but preparing the inheritance correctly. A missing will, an unpaid municipal tax, an old mortgage or disagreement between family members can delay the transaction. This guide explains the process step by step and highlights the mistakes worth avoiding.

What steps are required to sell an inherited property in Spain?

1. Obtain the death certificate and the certificate of last wills.
2. Locate the will or complete a declaration of heirs if there is no will.
3. Check the assets, debts, charges and Land Registry position.
4. Accept, divide and allocate the inheritance.
5. File Spanish Inheritance Tax and the municipal tax arising from the inheritance.
6. Update the ownership records and prepare the property documents.
7. Value, market and sell the property.

Step 1. Death certificate and certificate of last wills

The death certificate officially confirms the death. The next document is the Spanish Certificate of Acts of Last Will (Certificado de Actos de Última Voluntad). It confirms whether the deceased made a Spanish will and identifies the notary who holds the latest one. The Spanish Ministry of Justice states that this certificate is required for succession procedures and cannot be requested until 15 working days have passed since the death.

If a will exists, an authorised copy is requested from the notary who holds the latest valid version. If there is no will, a notarial declaration of heirs may be needed to establish who inherits under the law. An overseas will may also be relevant and should be reviewed by the notary or lawyer handling the Spanish estate.

Step 2. Check assets, charges and debts before accepting

An inheritance can contain both assets and liabilities. Before making a decision, it is sensible to review the title deed, an up-to-date Land Registry extract, local property tax receipts, community debts, loans and mortgages, together with any usufruct or restriction affecting the property.

If the extent of the debts is uncertain, speak to a Spanish notary or lawyer before taking steps that might imply acceptance. Acceptance with benefit of inventory can limit an heir’s liability to the assets in the estate, but the procedure and its deadlines must be followed correctly.

Step 3. Accept and allocate the inheritance

When Spanish property is involved, the heirs will normally sign a notarial deed of acceptance and allocation of inheritance. The deed identifies the heirs, lists and values the assets, takes account of the relevant debts and records how the estate is divided.

The Spanish Association of Land Registrars explains that, where there are several heirs, the deed must record the valuation, division and allocation of the assets. If there was no will, the declaration of heirs must also be supplied.

What happens when there are several heirs?

All registered owners must sign a voluntary sale of the whole property, either personally or through a representative holding a valid power of attorney. Before marketing the home, it is helpful to agree in writing:

• The asking price and room for negotiation.
• Who will manage the keys, viewings and documents.
• How outstanding expenses and minor repairs will be paid.
• Which furniture and personal belongings will be removed or included.
• How the net sale proceeds will be distributed.

If one heir wants to sell and another does not, the whole property cannot be sold by agreement without everyone’s consent. A co-owner may apply for termination of the co-ownership, which can ultimately lead to a court-ordered sale. That route is normally slower, more expensive and less predictable. It is usually better to negotiate a transfer to one co-owner with compensation for the others, or to agree an ordinary open-market sale.

Step 4. Taxes payable on the inheritance

Spanish Inheritance Tax

The general deadline for filing Spanish Inheritance Tax in Andalusia is six months from the date of death. An extension for a further six months must be requested during the first five months and may give rise to interest. The Andalusian Tax Agency explains the deadlines and filing procedure.

In Andalusia, heirs in Groups I and II —including, among others, children, descendants, parents, ascendants and spouses— may qualify, subject to the applicable requirements, for a 99% rebate on the tax due and a regional kinship reduction of up to €1,000,000.

There is an important distinction: these benefits are not the same as the separate 99% reduction that can apply to the value of the deceased’s main home. That specific reduction has its own conditions and generally requires the acquisition to be retained for three years. If it was claimed and the heirs intend to sell sooner, a tax adviser should check whether the sale would cause the benefit to be lost. The Andalusian regional government lists the benefits and their requirements.

Municipal land value tax on the inheritance

Inheriting an urban property may trigger the local Tax on the Increase in Value of Urban Land, commonly called plusvalía municipal. In Almuñécar, the general filing period for an inheritance is six months, compared with 30 working days for a transfer during a person’s lifetime. Under the applicable rules, an extension may be requested up to a total period of one year.

Do not confuse the municipal tax arising from the inheritance with the tax that may arise when the heirs later sell. They are two separate transfers and must be considered independently.

Step 5. Land Registry and updated extract

Once the inheritance deed has been signed and the tax filings have been evidenced, it is advisable to register the inherited ownership at the Spanish Land Registry. The register will then show who can sell and each owner’s percentage.

Before marketing an inherited property, we obtain an up-to-date Land Registry extract to check:

• The identity and share of every owner.
• Mortgages, attachments, usufructs and other charges.
• The registered description and any differences with the Cadastre or the property itself.

In some cases the inheritance and sale can be coordinated at the notary without waiting for a separate prior registration, but this must be assessed with the notary and registrar. Preparing the ownership before a buyer is found generally reduces uncertainty and delays, especially where the buyer requires a mortgage.

Step 6. Prepare and value the inherited property

Before setting an asking price, the property should be visited and its true condition checked. Inherited homes often contain furniture, personal belongings, minor defects or older installations. A full refurbishment is not always worthwhile. Clearing and cleaning the property, dealing with obvious faults and presenting its light, terrace or views well can be enough.

The price should not be calculated by simply multiplying an average price per square metre. Floor level, lift access, orientation, condition, terrace, parking and views can substantially alter the value, even within the same building. Read our guide to what a property is worth in Almuñécar.

Have you inherited a property and would like to know its market value? We offer a free, no-obligation, in-person valuation and explain which documents should be prepared before selling.

Request a free property valuation

Step 7. Documents required for the sale

In addition to the inheritance documents, the usual documents needed for a Spanish property sale include:

• The deed of acceptance and allocation of inheritance.
• Evidence of filing Inheritance Tax and the inheritance-related municipal tax.
• An up-to-date Land Registry extract.
• DNI, NIE or passport for every owner.
• Energy performance certificate.
• Latest local property tax receipt (IBI).
• Certificate from the community of owners confirming the payment position.
• Bank certificate if a mortgage remains outstanding.
• Power of attorney if an heir signs through a representative.

Our guide to selling property on the Costa Tropical explains the wider sale process, from preparing the documents and setting the price to completion at the notary.

Taxes when the inherited property is sold

Capital gain or loss

The later sale may produce a capital gain or loss, calculated by comparing the tax acquisition value with the transfer value. For inheritances occurring from 2022 onwards, the Spanish Tax Agency indicates that the acquisition value of the property is generally based, within the legal limits, on the value determined under Inheritance Tax rules —normally the official reference value unless a higher value was declared. Certain evidenced costs and investments may also affect the calculation.

Keep the inheritance deed, tax forms, invoices and evidence of acquisition and sale expenses. The exact calculation should be checked individually, particularly where the deceased acquired the property many years ago or the heirs live outside Spain.

Municipal land value tax on the sale

The subsequent sale may trigger plusvalía municipal again, this time for the period between the inherited acquisition and the sale. In Almuñécar, the general filing period following a sale is 30 working days from completion.

Non-resident heirs

An heir living outside Spain may need a Spanish foreigner identification number (NIE), tax or notarial representation and must comply with Spanish obligations even when managing the transaction from abroad. If the seller is non-resident for Spanish tax purposes, the buyer must generally retain 3% of the purchase price as a payment on account of the seller’s Spanish tax liability. International taxation and double-taxation agreements require individual advice.

Common mistakes when selling inherited property

• Marketing before confirming who can sign. Establish the heirs, ownership percentages and any usufruct first.
• Missing the six-month tax deadline. A family disagreement does not automatically suspend tax filing periods.
• Confusing the Andalusian tax benefits. Some reductions have retention requirements that must be checked before selling.
• Setting the price around family expectations. The market pays for the property’s features, not the amount each heir hopes to receive.
• Failing to check charges or discrepancies. An old mortgage, usufruct or difference in floor area can stop the buyer or lender.
• Dividing the contents without an inventory. Agree what will be removed, sold or left in the home before photography and viewings.

Frequently asked questions

How long must I wait before selling inherited property in Spain?

There is no general waiting period. The property can be sold when the inheritance and documents allow a valid transfer. However, check whether any tax benefit subject to a retention period was claimed, particularly the reduction for the deceased’s main home.

Can an inherited property be sold before it is registered?

In certain cases the notary can coordinate the inheritance and sale, depending on the documents and the ability to maintain the chain of title. Registering the inheritance first will usually give the buyer and lender greater certainty.

Do all heirs have to sign?

Everyone who has received ownership rights in the property must sign, personally or through a representative with sufficient power. A registered usufruct or other property right may also require a specific solution.

What if one heir refuses to sell?

A voluntary sale of the whole property cannot proceed without that owner’s consent. Negotiating an allocation to one co-owner, the purchase of their share or a joint sale is generally preferable to court proceedings for division of the co-owned asset.

Is Spanish capital gains tax due if the sale price equals the inheritance value?

The taxable gain may be small or nil, but the calculation includes the tax values and allowable costs, and municipal tax or other obligations may still apply. The result should not be assumed without completing the full calculation.

Can I sell an inherited Spanish property from abroad?

Yes. You can grant a power of attorney to a representative to manage documents and sign, provided that the power is valid in Spain and, where necessary, complies with apostille and sworn-translation requirements.

Sell an inherited property through a clear process

An inheritance involves documents, taxes, emotions and often several people. Our role is to organise the property side of the transaction: value the home, identify outstanding documentation, coordinate its presentation and reach Spanish and international buyers without adding further pressure to the family.

Bonillo Real Estate is a family estate agency in Almuñécar. Since 1975, we have helped owners sell property in Almuñécar, La Herradura, Salobreña and throughout the Costa Tropical.

Request a free valuation of your inherited property

📍 Paseo del Altillo 6, Almuñécar · 📞 +34 679 75 19 50

About the author: Jorge Bonillo, General Manager of Bonillo Real Estate, a family estate agency specialising in the Costa Tropical since 1975.

This article provides general information and is not a substitute for notarial, legal or tax advice tailored to a particular inheritance.