How soon can you sell an inherited property in Spain?

If you have inherited a property in Spain, you may be trying to work out what to do next at a time that is already difficult. Alongside dealing with a loss, you are suddenly responsible for a property in another country, often with ongoing community fees, utilities and local taxes continuing to accrue.

For many people, keeping an inherited property is simply not realistic. It may not be within your financial remit to maintain it. Travelling back and forth to Spain to deal with paperwork may not be practical. You may not even be sure where to begin. In those circumstances, one of the first questions is usually how soon the property can be sold.

The short answer is that you cannot sell until the inheritance has been formally completed and the property has been registered in your name at the Spanish Land Registry. Once that stage is reached, however, there is no legal waiting period. The timing issue almost always lies in probate itself rather than in the sale. 

Here’s what you need to know. 

What has to happen before you can sell?

Under Spanish law, ownership does not automatically transfer on death. Even if your loved one made a Spanish Will, there is a formal legal process that must be followed before you become the registered owner.

The process begins with obtaining the necessary documentation, including the death certificate, the Certificate of Last Will and a copy of the Will if one exists. The property deeds and identification documents for the beneficiaries are also required. If no Will was made, a declaration of heirs (declaración de herederos) must be carried out to legally confirm who is entitled to inherit.

Once the documentation is in place, the beneficiaries sign the Deed of Inheritance before a Spanish Notary. Spanish Inheritance Tax must then be calculated and filed, normally within six months of the date of death, although an extension can be requested within the first five months if needed. Only after the tax position has been properly addressed can the property be registered in the heirs’ names at the Land Registry. Until registration takes place, a sale cannot legally proceed.

How long does probate in Spain usually take?

Every estate is different, and timeframes depend on factors such as the complexity of the assets, the number of beneficiaries, and whether documents are readily available.

In straightforward cases, obtaining certificates may only take several weeks. Preparing and signing the inheritance deed may take a few more weeks once the documentation has been gathered. Then registration at the Land Registry follows after the tax filings have been submitted.

In many uncomplicated estates, the entire process can be completed in a matter of months. However, when heirs live abroad, documents require translation or legalisation, or there are disagreements between beneficiaries, the process can take much longer. In most situations, any delay arises during this inheritance stage rather than during conveyancing itself.

Is there a waiting period before you can sell?

No, there isn’t. Once the property has been formally registered in your name at the Land Registry, there’s no statutory holding period under Spanish law. You’re not required to keep the property for a fixed number of months or years before putting it on the market.

What matters is that the inheritance has been properly completed and that the title has been correctly recorded in your name. Until that point, a sale can’t legally proceed. Once registration has taken place, however, the property can be marketed immediately and transferred to a buyer through the normal conveyancing process in Spain.

If you’re ready to sell, there’s nothing in Spanish law preventing you from doing so at that stage. Any suggestion that you must wait usually relates to tax-planning considerations rather than a legal restriction on your ability to proceed with the sale.

We’ll take care of the probate and the property sale for you

Our English-speaking Spanish solicitors offer a complete service in Alicante that covers probate and conveyancing in Spain from start to finish. We take care of the entire inheritance process for you, including obtaining the necessary certificates, preparing and signing the inheritance deed, arranging NIE numbers, calculating and filing Spanish Inheritance Tax and Plusvalía, and registering the property at the Land Registry. 

Once the inheritance has been finalised, we then move straight into the sale process, handling valuation, marketing and all legal work through to completion before the Notary. If you grant us Power of Attorney, we can manage everything on your behalf so you do not need to travel to Spain, and once the property is sold, we also assist with the secure transfer of the proceeds back to your UK bank account.

There are no upfront legal fees for this service. Our fees are deducted at completion when the property is sold, which makes it a practical option if maintaining an empty property or paying legal costs in advance is not realistic for you. This coordinated service is currently available for properties in Alicante and is designed to give you one clear point of contact, straightforward advice and a simple, managed route from inheritance through to sale.

If you’ve inherited a property in Spain and you’re looking to sell, get in touch with our team of experts today for a no-obligation consultation. You can visit our website and fill out the contact form, email us at info@gbabogados.co.uk, or give us a call directly at +44 (0)20 3137 1320. We’re here to help you every step of the way.