Do I need to register inheritance in the Property Registry?

Is it necessary to register inheritance in the Property Registry?

Getty Updated: 28/11/2023 18:15 CET

The procedure for registering inheritance in the property registry

In the case of inheriting an estate, the procedures that heirs must follow can sometimes be overwhelming, and despite seeming straightforward, doubts often arise. For example, when it comes to inherited residential properties, many wonder: is it necessary to register the inheritance in the property registry? The answer is: no, the law does not require the registration of inheritance, but it is a procedure that should be carried out to avoid problems in the future, especially if there is an intention to sell the inherited property.

When registering an inheritance in the Property Registry, the change of the inherited property to the names of its new owners is carried out by the Registry itself. Otherwise, it will still be registered in the name of the deceased and will appear in the property description.

How to register an inheritance in the Property Registry

As explained in the Spanish registry, to register an inheritance in the Property Registry, it is necessary to go to the corresponding registry of the inherited property.

After determining the appropriate Registry, it is necessary to submit the required documents, which in the case of inheritance include:

• Death certificate.
• Authorized copy of the deceased's last will.
• Certificate of the General Register of Last Will Acts.
• An act of inheritance division before a notary, which specifies the details of the inherited property (in case there is more than one heir).
• Documents confirming payment or deferral of inheritance tax.
• Statement of the heir before the notary (in case the deceased did not leave a will).

The cost of registering inheritance in the Property Registry

The cost of services from the Property Registry is regulated by law, specifically by Royal Decree 1427/89 of November 17, which governs the fee schedule for property registrars. However, to determine the cost, it is necessary to consider factors such as the value of the property, the establishment of rights, etc. Typically, the cost of services ranges from 300 to 500 euros.