Real Estate
Executive Summary: Selling an inherited property requires completing the inheritance award, paying the Inheritance Tax and registering the new ownership in the Land Registry. Mistakes in the tax valuation can lead to inspections or financial losses. Our preliminary analysis combines the legal management of the estate with the sales strategy to shorten timelines and protect the heirs’ net proceeds.
Inheriting a property on the Costa del Sol is often a bittersweet process that comes with a heavy administrative burden. Managing an estate among several beneficiaries — sometimes resident in different countries — and coordinating the sale of the property calls for an experienced hand capable of unifying legal and commercial criteria. At Ríos Espinosa we coordinate this type of process on a regular basis. Selling an inherited property is not merely a real estate transaction: it is the closing of a family chapter that demands legal rigour. We understand that selling your inherited property requires bringing legal and commercial criteria together at the same table.
Preliminary steps: You cannot sell what is not yours (yet)
The most common mistake is trying to market the property before the title has been formalised. To sign a deed of sale before a Notary, the heirs must have completed the acceptance and award of the estate.
The inheritance award process in Andalusia
From our offices on the Costa del Sol, Marbella and Sotogrande we coordinate the whole process: from obtaining the Last Will certificate to signing the inheritance deed. It is essential to register this change of ownership with the Land Registry of Marbella, San Roque or Estepona before looking for a buyer. Without this step, no bank will grant a mortgage to a potential purchaser, which would drastically reduce your chances of selling.
Taxes linked to the inheritance: Impact on net proceeds
Selling an inherited property involves a double layer of taxation. First the Inheritance and Gift Tax (ISD) and, later, the taxes triggered by the sale itself.
- Inheritance Tax: Andalusia applies allowances for direct relatives (Groups I and II), but the self-assessment must be filed within the legal six-month period (extendable where applicable).
- Municipal Capital Gains Tax (IIVTNU): It accrues at two moments: first when the inheritance award is registered and, later, when the property is transferred — provided the value of the land has increased between the two operations.
- Personal Income Tax on the Capital Gain: The value declared in the inheritance deed will be the “acquisition value” for the future sale. An inadequate valuation at this stage significantly increases the tax burden on the subsequent transfer.
Documentary checklist for inheritances
| Document | Purpose | Ríos Espinosa handling |
|---|---|---|
| Death Certificate and Last Will Certificate | Evidences the death and the existence of a will. | Obtained from the official registries. |
| Inheritance Award Deed | Document that allocates the assets between heirs. | Drafting and signing before a Notary. |
| Inheritance Tax settlement | Proof of payment or tax exemption. | Calculation and filing with the Junta de Andalucía. |
| Registry inscription | Official change of name in the Land Registry. | Full processing until the updated Nota Simple is obtained. |
The Ríos Espinosa difference: Managing conflicts and co-heirs
It is common for an inheritance to involve several heirs who do not always agree on the price or the timing of the sale. At Ríos Espinosa we act as a neutral mediating figure. Our preliminary analysis provides an objective and technical data point on the market value, which makes it easier to unify criteria among co-heirs. In addition, by centralising the legal and the real estate work in the same office, we prevent the lack of communication between separate professionals from delaying the operation.
Frequently Asked Questions (FAQ)
1. Can I sell the house without having paid the Inheritance Tax?
No. To register the property in your name and be able to sell it, you must prove payment or filing of the tax. However, we can coordinate the sale so that the taxes are paid out of the deposit or the closing funds themselves, provided the deadlines allow it.
2. What happens if one of the heirs does not want to sell?
There are solutions such as the dissolution of co-ownership (by agreement between the parties) or the judicial action for the division of common property when there is no consensus. Our legal team will advise you on the most appropriate route for each case.
3. How long does it take to sort out the paperwork of an inheritance?
If there is a will and an agreement between the parties, the process can be completed in one or two months. If the inheritance is international or there is no will, the timelines can extend — hence the importance of starting as soon as possible.
Turn your inheritance into an opportunity, not a problem
Managing an inheritance requires sensitivity and legal rigour. Let Ríos Espinosa take care of the paperwork so you can focus on what matters.
Related reading in our 2026 Guide
- Complete Guide to Selling Your Property on the Costa del Sol, Marbella and Sotogrande (2026) — the master guide covering the full sales cycle.
- 2026 Tax Guide: Taxes When Selling Your Property in Marbella, Costa del Sol and Sotogrande
- The Lawyer’s Role in Real Estate Sales: Total Security for the Seller
- Selling to International Buyers: A Guide for Property Owners on the Costa del Sol, Marbella and Sotogrande
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