Inheriting a home may appear straightforward, but it entails a range of legal, financial and administrative steps that are important to understand.
From deciding whether to accept or decline the inheritance to handling tax obligations, each stage can influence the cost and future management of the property. In this article, we examine the key factors to consider and the process you should follow to inherit a property smoothly, without complications.
How to inherit a house step by step?
Here is a roadmap you must follow to inherit a property:
1. Collect documentation:
You will need the death certificate of the deceased, along with the certificate of last wishes and the will, if applicable. For property inheritance, you must also provide the deeds of ownership, as well as the most recent IBI (property tax) receipt.
At the Land Registry, you will be required to submit documentation confirming the payment or deferral of Inheritance Tax, along with various notarial documents depending on the type of inheritance.
2. Obtaining notarial deeds:
This is the stage where you formally accept the inheritance of the property. The procedure takes place before a notary, and you will receive one or more public deeds, which must then be submitted to the Land Registry.
- If there is a will and a sole heir, you must obtain a deed with the signature of the interested party, authenticated either before a notary or the registrar.
- If there is a will and multiple heirs, a deed of inheritance must be executed before a notary. This deed will include all interested parties and outline the valuation, distribution and allocation of the assets.
- If there is no will, a declaration of intestate heirs must be provided. This notarial declaration determines the deceased’s legal heirs. Additionally, a deed of inheritance will be required, as in the previous case.
The deed of acceptance of inheritance contains essential information: it identifies the deceased, specifies whether or not a will exists, declares the heirs, includes an inventory of assets and liabilities, indicates which heirs are accepting the inheritance and outlines the distribution of the estate.
3. Register the inheritance in the Land Registry
The final step is to register with the Land Registry. To do so, you must provide the following documents:
- The Death Certificate, to prove the death of the testator or the person from whom the inheritance will be received.
- The Certificate of the Registry of Wills is used to confirm the existence of the deceased's will or to verify that no will has been made.
- Documentation proving the payment or deferral of the Inheritance Tax, in accordance with the regulations of the relevant autonomous community, and, if applicable, proof of payment of the municipal capital gains tax.
- The corresponding notarial documents.
What taxes are paid when inheriting a home?
To register the inheritance of a property at the Land Registry, you must first pay the following taxes:
- The Inheritance and Gift Tax is a progressive, regional tax. Its amount varies depending on the autonomous community and the property's value.
- The Municipal Capital Gains Tax is imposed on the increase in the value of the urban land on which the property is situated. Its application and amount depend on the local council of the municipality where the property is located.
Once you have paid the relevant taxes, you can proceed to the Property Registry to finalise the change of ownership. Remember, you have six months to settle these taxes.
Other expenses when accepting a house as an inheritance
The main expenses associated with inheriting a property are those related to notary fees, registration fees and tax payments. However, depending on the complexity of the case, additional costs may arise, particularly for attorney fees or legal counsel handling these procedures.
In the event of a dispute between heirs, it is highly recommended to seek legal advice to prevent the situation from escalating and to reach a swift resolution that meets the needs of all parties involved.
Additionally, once the property is transferred to your name, you will be responsible for the ongoing costs associated with ownership, such as property tax, community fees, home insurance, and more.
How much does it cost to inherit a house?
The cost of inheriting a property depends on various factors, making it difficult to estimate the final amount with precision:
- From a fiscal perspective, the taxes associated with inheriting a property are managed by regional or local governments, which have significant discretion in determining the applicable rates, as well as any potential discounts or exemptions. Several factors must be considered, including the value of the property, the autonomous community where the inheritance takes place, the degree of kinship between the heir and the deceased, and more.
- The notary expenses and registry fees are also variable, although this item is usually around €1,000 or €1,500.
- As for potential additional expenses, such as those related to lawyers and advisors, these will depend on the complexity of the case. An inheritance where a lawyer is involved merely to formalise an agreement is quite different from one involving a legal dispute.
What to do if you don't have the money to pay inheritance taxes?
In such cases, the Treasury allows you to collect part of the inheritance in advance, prioritising life insurance and savings to cover inheritance tax and municipal capital gains. Another option is to request a deferral of payment, although this will accrue interest.
Some banks offer loans secured by the inventory of the inheritance, provided that the estate is not undivided, as this could result in debts for other beneficiaries.
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