Author: Lidia Orellana

Source: tododisca.com

Inheriting a house involves several obligations that must be completed before fully acquiring ownership of the property. It is crucial to understand all the necessary procedures to avoid issues, as failing to follow them can sometimes result in financial penalties. For real estate, there are specific administrative steps and taxes to settle before you can legally obtain full ownership.

It’s important to remember that inheritance encompasses all the assets, rights, and obligations of a person that do not end with their death. This includes what are known as real estate or ‘real property’—those assets that are part of the land and cannot be moved without being destroyed or damaged. In other words, they have a fixed position and remain stationary.

Real estate included in an inheritance can be houses, apartments, garages, or any immovable property that the deceased owned and that is part of the estate. Due to the complexity involved in acquiring these assets, there is a specific procedure to ensure they become part of the inheritors’ property without issues or complications.

Steps to Follow to Acquire an Inherited House:

1. Accept the Inheritance: The first step is to formally accept the inheritance. Even this initial step requires some administrative actions. Firstly, you need to obtain the death certificate of the deceased. This document will be necessary throughout the inheritance process.

2. Obtain the Certificate of Last Wills: This certificate will reveal if a will was left by the deceased. If there is a will, it will clarify whether you are named as an heir. If there is no will, you will need to prove your right to inherit the property through the family book or other documents that establish your relationship to the deceased.

3. Settle the Taxes: You must pay the relevant taxes, which depend on the Spanish Autonomous Community where the property is located. These include:

   • Inheritance Tax: This is paid to the tax authorities and affects the entire inherited estate. Unless an extension is requested, it must be paid within six months of the death.
   • Municipal Capital Gains Tax: This tax refers to the value that the inherited property has gained from the time of purchase until the inheritance. It must be paid at the local municipality where the property is located. Like the inheritance tax, it must be paid within six months of the death.

4. Finalize the Legal Documents:

   • Property Registry: You need to register the deed of acceptance of inheritance and pay the corresponding fees.
   • Land Registry: Update the property records to reflect the new owner.
   • Update Utility Accounts: Change the ownership of utility services (electricity, water, gas) to your name. You will need your ID and that of the deceased for this process.

By following these steps, you can ensure that the inheritance process is completed correctly and that the property becomes legally yours.