How to sell a Spanish property that forms part of an Estate 

One of the most common questions we receive from clients who have lost a relative with property in Spain is: “When can we start selling the property?” 

The answer often surprises people. In Spain, you cannot sell a deceased person’s property until the inheritance process has been completed. This is quite different from the UK, where the sale of a property can forms part of the administration of the estate. 

In Spain, the property must first be legally transferred to the heirs through a Deed of Inheritance and then registered in their names at the Spanish Land Registry. Only then can it be sold. 

Put simply, there are two separate steps: 

Step 1: Administering the Spanish Estate 

Before a property can be sold, the Spanish assets need to be transferred to the heirs. This process involves: 

• Collecting the necessary documentation (death certificate, will, title deeds, etc.). 

• Preparing the Deed of Inheritance, which is signed either by the beneficiaries and (if applicable) the executors, or by a Spanish lawyer holding power of attorney. 

• Paying any inheritance tax due in Spain. 

• Registering the assets in the beneficiaries’ names at the Spanish Land Registry. 

This stage typically takes between 4 and 9 months, depending on the complexity of the estate and how quickly all documents are provided. 

Step 2: Selling the Property 

Once the property is registered in the beneficiaries’ names, it can then be marketed and sold. 

In Spain, it is usually the beneficiaries themselves (and not the executors) who sell the property. Most appoint: 

• A Spanish estate agent to market the property. 

• A Spanish lawyer to handle the legal side of the sale. 

The time needed to sell will depend on several factors, including the famous quote of “location, location, location,” the price and the condition of the property. On average, the conveyancing process takes 2–3 months from the moment an offer is accepted. 

How Long Does It All Take? 

From the moment you instruct a lawyer to begin administering the estate, you should allow 6–12 months to complete the whole process and finalise the sale. 

Of course, some estates are simpler and can be dealt with more quickly, while others may take much longer. One of the most common causes of delay is the absence of a Spanish will, which we will cover in a separate article, 

Need expert advice? Contact Antonio Guillen here.