Selling an inherited house in Calonge from a distance

We often hear from people who have inherited their parents’ house and live in Barcelona or abroad. Alongside the distance, there are memories, documents they do not know where to find, and an understandable question: “Where do we start?”

We are Albert and Núria, from Home Service Calonge. In these situations, we take care of everything we can handle locally within our role: visiting the house, liaising with the gestor and notary, and keeping the owners informed. The decisions, though, are always yours.

This guide is for general guidance only. Before setting dates or making commitments to a buyer, you need to review the position of the inheritance, the property and each of the heirs.

1. First, establish who inherits and where the inheritance stands

Having the keys does not mean you can already sign the sale deed. First, you need to establish who the heirs are and formally accept and distribute the inheritance.

The notary or professional advising you will usually ask for:

• The death certificate.
• The certificate from the Spanish register of wills (certificado de últimas voluntades).
• An authorised copy of the will, if there is one.
• Identity documents for the parties involved.
• The property deed and information about the estate’s other assets and debts.

If there is no will, the appropriate declaration of heirs must be arranged. If there are several heirs, someone with usufruct rights, or disagreements over the distribution, it must be clear who needs to be involved in the sale.

Before accepting an inheritance that may include debts, seek advice. How you accept it can have significant consequences for the heirs’ liability.

The allocation of the inherited property must be recorded at the Land Registry. In some cases, the inheritance formalities and sale can be arranged in quick succession, but the notary and professionals handling the matter must confirm this.

2. Who does what: lawyer, gestor, notary and estate agent

When you do not live locally, it helps to be clear about everyone’s role. Working together avoids duplicated instructions and documents being left outstanding because everyone thinks someone else is preparing them.

• The notary formally authorises inheritance deeds, powers of attorney and the sale deed, checks the legal requirements and provides impartial advice.
• The gestor or tax adviser can prepare and submit tax returns and help with administrative and Land Registry procedures.
• The lawyer advises on your rights and the risks in your particular case, especially where there are disagreements, debts, questions about the will or international aspects.
• We, as your estate agents, assess the house from a sales perspective, organise viewings, coordinate the sale documents and act as your local point of contact.

Not every inheritance needs the same level of professional involvement. However, if the deceased lived abroad or there are foreign documents, it is important to check which succession law applies and which documents are accepted in Spain. Living abroad does not, on its own, settle that question.

3. How to make progress without travelling for every step

It is not always possible to do everything remotely, but good preparation can avoid many journeys.

We start by agreeing who holds the keys, who authorises us to enter the house and who will be the main contact. If there are several heirs, everyone should have the same information, and it should be clear who can make each decision.

On an initial visit, we can look at the property’s general condition, identify visible issues and assess what may need checking before viewings begin. This does not replace a technical inspection where one is needed.

We can also coordinate access for technical specialists or other professionals. Any expenditure must be agreed beforehand: the aim is not to carry out work for its own sake, but to decide what is necessary and what can wait.

If you want to sign without travelling, a notarised power of attorney granting sufficient authority may be an option. If it is granted abroad, it may need an apostille or legalisation and a sworn translation, depending on the case. It is sensible to have the notary’s office handling the sale review the wording beforehand.

4. Which property documents need checking

While the inheritance is being dealt with, we can start preparing the property documents. There is no need to wait until you have a buyer to discover a discrepancy in the recorded floor area or an outstanding charge.

The review usually includes:

• The deeds and an up-to-date Land Registry extract (nota simple), to check ownership and charges.
• The cadastral reference and consistency between the Cadastre, the Land Registry and the property as it actually stands.
• The IBI property tax bill and a check for any outstanding amounts.
• A valid certificate of habitability (cèdula d’habitabilitat) and energy performance certificate, where required.
• Information about mortgages, attachment orders, tenancies or occupants.
• If there is a community of owners, a certificate of outstanding community debts and details of approved special levies.
• Documents relating to extensions, alterations or other work that may require planning checks.

In an older house, an enclosed porch or extension may not be correctly recorded. Do not assume that everything can be regularised: check with the relevant technical professional and the town council where appropriate.

It is also worth deciding what will happen to furniture and personal belongings. This is a practical matter, but often an emotional one too, and it is better to address it early.

5. Taxes: keep the inheritance and the sale separate

There are two distinct stages, and each may give rise to tax obligations.

When you inherit, inheritance tax must be reviewed, along with municipal plusvalía tax if urban land is involved. The applicable allowances, reliefs and rules depend on the circumstances. Do not wait until the sale to deal with them: the inheritance has its own tax deadlines.

When you sell, there may be a capital gain or loss to declare through Spanish personal income tax (IRPF) or non-resident income tax, depending on the seller’s tax residence. The municipal plusvalía tax relating to this transfer must also be reviewed.

If the seller is not tax-resident in Spain, the buyer is generally required to withhold a payment on account of tax and pay it to the tax authority. This withholding is not necessarily the same as the final tax liability.

Before accepting an offer, we recommend asking for an indicative estimate of the net proceeds: the sale price less expenses, any costs of discharging outstanding charges, and taxes. Keep deeds, tax returns and payment records, and receipts for expenses; your adviser will determine which can be taken into account.

6. Before signing an arras agreement, make the terms clear

A common mistake is committing to a date without knowing whether the inheritance, powers of attorney or documents will be ready. An arras deposit agreement can involve significant obligations and penalties.

Before signing, confirm:

• That all owners who need to be involved agree.
• That the timescales are realistic.
• Which charges must be discharged and how this will be done.
• What is included in the sale and when the keys will be handed over.
• How any outstanding formalities will be addressed.

We can help you coordinate this process locally, explaining what has been resolved and what still needs checking. If you have inherited a house in Calonge or nearby and live far away, you can speak to us, Albert and Núria. We will start by listening and helping you put what you have in order, without any unnecessary rush.