Inheriting a flat in Torrevieja or the Costa Blanca usually arrives at the worst emotional moment and with a practical reality: many heirs live far away, the property generates expenses from day one and no one is sure where to start. This guide organizes the entire process to sell an inherited flat: which procedures come first, which taxes apply and when you can actually sign the sale.
First thing: you cannot sell until you have the inheritance adjudicated
Even if you have a buyer, the flat cannot be transferred to their name until the inheritance has been accepted and adjudicated before a notary, and registered (or at least submitted) with the Land Registry. Promising a sale before completing these steps is the number one cause of deals falling through.
The documentation you will need
Death certificate, certificate of last wills, notarised copy of the will (or declaration of heirs before a notary if there is no will), the property deeds, the latest IBI bill and, with all of that, the deed of acceptance and adjudication of inheritance before a notary. If an heir lives abroad, they can grant a power of attorney so they do not have to travel to every signing.
The taxes that come before the sale
Inheritance tax
It must be filed within six months of the death (extendable if requested on time). In the Valencian Community, spouses, children and parents currently enjoy a 99% reduction, so in most family inheritances the bill is far lower than people fear.
Municipal capital gains tax (plusvalía)
The town hall charges for the increase in land value since the deceased acquired the property. It is also paid within the six-month period. Keep the receipt: you will recalculate it when you sell, but only for the period since the inheritance.
The detail almost nobody cares for: the adjudication value
The value you put on the flat in the inheritance deed will be your acquisition price for Personal Income Tax (IRPF) purposes when you sell it. Adjudicating it at an artificially low value “to pay less now” often becomes very costly later: the entire difference up to the sale price will be taxed as a capital gain. The minimum reference is the cadastral reference value, but it is advisable to adjust it with a real market valuation.
You can now sell: how to do it properly
With the inheritance adjudicated, the process is the same as any sale, with two particularities: the home usually needs preparation (clearance, cleaning, small repairs) and the price must be set using data, not the memory of “what it used to be worth”. In this area, your most likely buyer is international: advertising in several languages multiplies the options.
Realistic timeframes
Between gathering documentation, signing the adjudication and settling taxes, the usual timeframe is 2 to 4 months before you can sign a sale; longer if there are multiple heirs or someone lives abroad. Starting the sale preparation in parallel (valuation, photos, property paperwork) saves that time.
At Mayrasa we accompany inheritances from start to finish: we coordinate with the notary, value the flat using actual sales in your area and take care of selling your flat in Torrevieja while you do not have to travel. Tell us your case and we’ll tell you exactly what stage you’re at and what’s missing.
Expenses that keep running while you decide
An inherited flat doesn’t wait. From the day of death, expenses continue to accrue that someone has to cover, usually the heirs and in proportion to their share:
- Community fees, including special assessments approved before or after the death.
- IBI and rubbish tax, which are charged to whoever appears as the owner on January 1st.
- Utilities: even if no one lives there, keeping electricity and water on facilitates viewings and prevents damp and surprises.
- Home insurance: it is advisable to keep it and notify the insurer that the property is unoccupied, otherwise a claim may not be covered.
Be careful with community debts: the property is liable for the fees of the current year and the three previous years, so ask the administrator for a certificate of being up to date before agreeing anything with a buyer.
If there are several heirs and there is no agreement
While the inheritance is not distributed, the flat belongs to all in undivided co-ownership (proindiviso). To sell, unanimity is required: it is enough for one person to refuse to block the operation. The three usual exits are for one heir to buy the shares of the others through extinguishment of co-ownership, sell jointly and divide the money, or —as a last resort— go to judicial partition, which is slow and usually ends in an auction below market value.
We explain this in detail with options and their costs in the guide on selling an inherited house between siblings.
What the process costs
Indicative figures for a straightforward inheritance with a flat on the Costa Blanca. They vary according to the property value and the number of heirs:
| Concept | Approximate cost |
|---|---|
| Death and certificate of last wills | Free or a few euros |
| Declaration of heirs (if there is no will) | €300 – €600 |
| Deed of acceptance and adjudication | €600 – €1,200 |
| Land Registry | €300 – €600 |
| Inheritance tax (Valencian Community, direct family) | 99% reduction |
| Municipal capital gains tax for the inheritance | Depends on years and land value |
| Agency or lawyer fees (optional) | €500 – €1,500 |
To this you must add, at the time of sale, the new municipal capital gains tax for the period since the inheritance and IRPF on the capital gain, if any.
Costly mistakes
- Missing the six-month deadline without filing the inheritance tax or requesting an extension. You lose reductions and surcharges appear.
- Adjudicating at too low a value to pay less now and end up taxing the whole difference in IRPF when selling.
- Signing a deposit contract before having the inheritance registered. If the registry is delayed, you breach the deadline and may have to return double.
- Emptying the house without an inventory when there are several heirs. It is one of the most common causes of family conflict.
- Pricing based on what it cost or what the neighbour asks, instead of closed sales in the same area.
Frequently asked questions
Can I sell the flat without accepting the inheritance?
No. Selling implies disposing of the asset and only the owner can do that. Signing the sale implies tacit acceptance of the inheritance, including its debts. If you suspect debts exceed the property’s value, consult first the option of accepting the inheritance under benefit of inventory.
Do I have to pay IRPF if I sell right after inheriting?
Only on the difference between the adjudication value in the inheritance and the sale price. If you sell shortly after and for a similar amount, the gain is usually small or nil. Hence the importance of not undervaluing the flat in the deed.
What if I live abroad?
You can grant a power of attorney in your country —with The Hague Apostille and a sworn translation— so someone can sign for you both the inheritance and the sale. You will need an NIE. If you are not a tax resident in Spain, the buyer will withhold 3% of the price as an advance on your Non-Resident Income Tax (IRNR).
Is it worthwhile to renovate before selling?
Rarely is a full renovation worthwhile. Clearing, a deep clean, painting and fixing visible damage usually pay off. For inherited flats in the area, that basic preparation tends to move the final price more than any large works.
