How to change ownership of an inherited home and how much it costs

How to change ownership of an inherited home and how much it costs

Is it mandatory to change the ownership of an inherited flat?

Yes, if you want to have full rights to the house and avoid problems. Although, legally, the property passes to the heirs upon death, if the owner is still the deceased (there is no maximum period for this), there will be conflicts in the payment of taxes and other associated expenses and you will not be able to sell or mortgage it.

How much does it cost to change the ownership of an inherited home?

To know how much it costs, you have to take into account that you have to face these expenses:

  • Notary: Fees are regulated by law and vary according to the value of the property, the length of the document and the complementary acts.
  • Land Registry: Its fees are set by law. The amount is calculated on the value declared in the deed, with a lower percentage being applied the higher the value.
  • Inheritance Tax: It depends on the autonomous community, the relationship with the deceased and the estate of the heir.
  • Municipal capital gains tax: It is paid during the first six months from the death of the owner of the house. It can be extended for another six months if notice is given within the deadline. If the value of the land is lower than it was when the deceased bought it, there is no need to pay, although the declaration must be submitted to the town hall.

 

Knowing this information, changing the ownership of an inherited house could cost an average of:

Procedure

Approximate cost

Term

Notary

300 – 1.000€

immediate

Registration

200 – 400€

15–30 days

Cadastre

Free

up to 6 months

Taxes

It depends on the Autonomous Community, kinship, increase in value, etc.

6 months

Gestoria (optional)

 It depends on the agency  

Documents to change the owner of an inherited flat

You must obtain these documents and carry out these procedures

Document

Where it is obtained

Death certificate

Civil Registry in which the death is registered

Certificate of Last Wills (Last Wills)

Ministry of Justice

Will or declaration of heirs

Notary

Deed of acceptance and adjudication

Notary

Change the owner in the cadastre with the 900D form

Cadastre

Proof of tax payment

Tax Agency / Autonomous Communities

Nota simple of the property

Land Registry

How is a home with several heirs registered?

After signing the deed of acceptance and adjudication of the inherited house, the notary establishes who the heirs are and what percentage of ownership corresponds to each one according to the degree of kinship and what has been stipulated in the will.

It may be the case that one of the heirs renounces. In this case, the percentage will be assigned to the next in the order of inheritance, which can be one of those present or another person. 

 

When you inherit do you have to go to the cadastre to change the owner?

 

You are obliged to change the owner in the Cadastre by means of a Declaration of Alteration of Ownership, but in most cases it is not necessary to go in person.

It is usual for the notary to process it electronically when signing the deed of inheritance. You have two months from that signature to file the return. If the notary does not manage it, or it is an old inheritance that has not been updated, you can do it yourself from the Electronic Cadastre Office with a digital certificate, electronic ID card or Cl@ve.

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