First inherit, then sell
Before you sell you have to accept the inheritance and assign the house to your writing. To allow the buyer to register his purchase, the inheritance has to be entered earlier or at the same time (art. 20 of the Hypotecaria Act). The tour:
| Pass | What's that? | Target date |
|---|---|---|
| 1. Death certificate | Issuance by Civil Registry | From death registration |
| 2. Last Wills | He says if there's a will and to what notary | Requested from 15 working days after death |
| 3. Testament or declaration of heirs | Copy of the will, if there isn't, declaration of heirs | No legal term but conditions everything else |
| 4. Acceptance and award | Writing before notary | Fits before Succession expires |
| 5. Succession tax | Self-clearance in your community | 6 months after death (extensable) |
| 6. Municipal gain | Declaration at town hall | 6 meses, prorrogables hasta un año |
| 7. Registration | The house passes to the heirs | After tax payments |
| 8. Sale | Arra and sales writing | After I have accepted and awarded you the house |
1 to 3: roles of the deceased
- Last will. With his death certificate, you have requested from the Ministry of Justice acts of final will. According to his electronic headquartersCan't order up after 15 working days of death.
- Death cover insurance certificate. To demand this in parallel: what you get from a life insurance tax at Successions and adds to the rest of the inheritance if the deceased was the person who paid the insurance (art. 9.1.c of the IDS Act).
- Testament or declaration of heirs. Copies authorized to the notary or, if there are no will, declaration of heirs, most often before the notary. Without that you don't know who's inheriting and how much.
4 step: accept and assign the house
No one's forced to inherit (art. Civil Code 988). Retiring can make sense if debts exceed property. If you accept, the effects are retreated at the day of death (art. 989 CC).
If the will no longer did the share and did not entrust another to do so, and you are all age and free to manage your goods, you can share as you wish (art. 1058 CC). A acceptance and award of inheritance. with several heirs and a single house:
- He's adduced to one and his share of them.
- Or all proindivises to sell after.
If the plan was to sell, inheritance writing was often coordinated and that of sale would notice with a few days difference.
Paso 5: Sucesiones, en seis meses
The tax shall be paid on the date of death (art. 24 of the ISD Act) and submitted as seis meses from that date (art. 67.1.a of the ISD Regulation).
Building blocks: The reference value of the figure at the date of death, unless you say a higher (art. 9.3 LIST). Write it down: It will be your purchase value at the IRPF when you sell.
What community apply and what bonus you have
He doesn't command where his house's at, but where his dead man had his habitual residence (art. 32.5 of Act 22 / 2009). If your mother lived in Madrid and leave you a house in the Tietar Valley, she applies Madrid.
Family groups (art. 20.2.a LID):
- Group I: minor descendants of 21 years.
- Group II: descendants of 21 or more, spouse and ascendants.
- Group III: Brothers and nephews and elves and descendants by affinity (mother-in-law, son-in-law, daughter-in-law and stepdaughter).
- Group IV: Retiring cousins and relatives and nonkinship.
| Community | Mortis causa bonus | Standard |
|---|---|---|
| Community of Madrid | 99 % for Groups I and II and 50 % for Group III applicable only to property declared without prior request by the Administration | art. 25.1 del Decreto Legislativo 1/2010 (valid from 1 July 2025) |
| Castile and León | 99 % if the heir is a spouse, descendant or adopted, ascending or adopting | art. 17 bis del Decreto Legislativo 1/2013 |
If you were living in another community, check with your tax regulations: percentages change greatly and nearly every year.
6 step: municipal gain to inherit
- Who pays: an inheritance, the heir (art. 106.1.a TRLRHL).
- Target date: seis meses desde el fallecimiento, prorrogable hasta un año si lo pides (art. 110.2. b).
- Bonus: up to the 95 % quota for descendants, spouses and ascendants (art. 108.4), only if an order from the town of the house takes place.
- No gain of ground from the date of his purchase by the deceased:art. 104.5).
Pass 7: sign up for your name
With his inheritance and his proof of inheritance and his gain and gain, you are registered with his Property Registry. Ask for an up-to-date simple note: check that there are no forgotten loads, as an old mortgage without canceling.
8 step: what do you pay while selling
- The inheritance doesn't tax at IRPF. No gain in equity from the taxpayer's death transmissions (art. 33.3.b LRPF): the so-called surplus value of the dead.
- Your purchase value is that of Successionsand market (art. 36 LRPF). Expand his share of Successions, gain and I would notice that it corresponds to housing (art. 35.1. b). From the selling price you withhold the expenses and fees of the sale that you pay as fees (art. 35.2).
- The sales gain count from his death. And non-attachment compares with the stated value at Successions (art. 104.5 TRLRHL).
In practice: if you sell soon and at a price similar to that of Successions, the gain is small. Example with assumptions:
| Item | Calculation | Amount |
|---|---|---|
| Value declared at Successions | Retirement: reference value | 200.000 € |
| Infringements and inheritance taxes | Supposedly | 3.000 € |
| Sales price two years later | Supposedly | 215.000 € |
| Sales fees | VAT 3 % + 21 % | 7.804,50 € |
| Municipal Value of Sale | That's what's supposed to be your town hall. | 600 € |
| Assets gain | (215.000 − 7.804,50 − 600) − 203.000 | 3.595,50 € |
| IRPF | 3.595,50 × 19 % | 683,15 € |
Con un valor de Sucesiones bajo y una venta mucho más cara, la ganancia crece y tributa por la escala del ahorro (del 19 % al 30 %).
If the heirs don't agree
That's what's most common and what's been wasting most time. Rule of departure: No one's obliged to continue with his vision.
Before dividing the inheritance
- No co-constable can be forced to continue with an indivision, with the exception of an attester, and even then there are exceptions (art. 1051 CC).
- Any person can apply to the court for a judicial division (art. 782 Civil Trial Act).
- If the house cannot be divided, it will be awarded to one who pays others in money. But it's just that an heir's demand for public auctions, with tenderers from outside, to get them that way (art. 1062 CC).
- If one sells his or her right to an alien before his or her share, the other person can have his or her right at the same price within a month of his or her communication (art. 1067 CC).
If you have her at all
- Any co-owner can at any time demand the division of the common thing (art. 400 CC).
- If it's indivisible and there's no agreement to assign to one, the price (art. 404 CC).
- If one sells his share to a third party, the others have a right to retard (art. 1522 CC).
Before you get there, put a target number on the table: valuation of housing with actual comparable. Whoever wants to stay knows how much to pay and who wants to sell and how to wait. If you decide to sell together, To sell your place We'll tell you how we work.
Fills that come out expensive
- To leave the six months without presenting and applying for an extension: surcharges and interest and in Madrid the bonus from group III only cover what was stated without prior request.
- To declare an artificially low value at Successions: you save little (with 99 % bonus) and pay more IRPF while selling.
- Do not save notary bills, management and inheritance taxes: they are part of your acquisition value.
- To forget that the empty house costs: supplies, IBI and community continue to run.
- With a tourist license, do not check if activity can be maintained: selling a tourist home and its license.
How we help you
Bliss Inmobiliaria currently starts in Madrid, Sierra Oeste and Valle del Tiétar. We're not replacing the notary and the tax advisor. We give the Realist price, the preparation of the house and the co-ordination of the sale with all heirs.
That article's informative and for your particular case consult with a tax or notary advisor.
