Delicate case

Selling an inherited flat in Murcia · Guide step by step

An inheritance received in Murcia requires several steps before it can be sold. We guide you through acceptance, taxes, registration and marketing.

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Reviewed by Néstor Ferrer, director of Promurcia · Updated on November 2026

First things first: sorting out the inheritance

Before selling, the inheritance must be accepted (outright or with the benefit of inventory, if there are debts) and the property awarded to the heirs in a public deed, and the Inheritance Tax and municipal capital gains tax must be filed. There is no need to wait for the inheritance to be registered in the Property Registry: the inheritance deed can be submitted together with the sale deed.

Essential documents

Death certificate.
Certificate of last wills and certificate of death insurance (Ministry of Justice, after 15 business days from the date of death) and, if applicable, a copy of the will.
In the absence of a will, declaration of heirs intestate.
Property deeds and, if applicable, mortgage deed.
Property tax receipts, community fees, and outstanding utility bills.
Certificate of bank balances and debts of the deceased.

Taxes in the Region of Murcia (2026)

Inheritance TaxChildren, grandchildren, spouse, registered domestic partner, and parents receive a 99% reduction in the tax. Siblings, nieces and nephews, and aunts and uncles do not. The taxable base of the apartment is, at minimum, its reference value of the Cadastre. Deadline: 6 months from the date of death, extendable.
Reduction for primary residence95% of its value (up to €122,606.47 per heir), on the condition that it is held for 10 years. If sold earlier, it is lost.
Municipal capital gains tax upon inheriting: in Murcia capital, 95% reduction if it was the deceased's primary residence. See capital gains in Murcia.
When selling: another municipal capital gains tax (30 working days to declare it) and personal income tax on the gain, at 19-30%. The gain is the price minus the selling expenses, minus the acquisition value: the amount declared in Inheritance Tax plus what was paid in Inheritance Tax and in the capital gains tax upon inheriting. We detail this in Taxes and expenses when selling.

If there are several heirs

In a joint hereditary sale, it is customary to appoint a representative (attorney-in-fact) to sign on behalf of all parties. If there is disagreement, as of April 2025 it is mandatory to attempt mediation, conciliation, or negotiation before filing a lawsuit; with an independent valuation and a distribution proposal, it is usually resolved. Only if this fails does one resort to judicial division. We explain it step by step, with each party's taxes, in the guide for selling an inherited house among siblings.

Key terms of the process

Keep handy: Inheritance, acceptance of inheritance, legitimate, Deed of sale y Property registry.

How we do it at Promurcia

We coordinate the notary, administrative agency, city council, and bank. We prepare written communication between heirs, a realistic sales timeline, and a numerical simulation including all taxes and fees. If you reside outside Murcia, we handle everything through a power of attorney. Before starting, request a Free valuation to determine the most suitable starting price for the inherited property.

Terms it is advisable to know

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Frequently Asked Questions

Can I sell an inherited flat before accepting the inheritance?

No. The inheritance must first be accepted (outright or subject to inventory, if there are debts) and the apartment awarded in a public deed. What is not necessary is to register it beforehand: the inheritance deed and the sale deed can be submitted together (Mortgage Law, arts. 14 and 20). To register, however, it must be proven that the Inheritance Tax and the municipal capital gains tax have been filed.

How much is paid in Inheritance Tax in the Region of Murcia?

Children, grandchildren, spouse, registered domestic partner and parents receive a 99% reduction on the tax due: they pay 1% of the tax (Legislative Decree 1/2010, art. 3.Five). Siblings, nephews and nieces, and uncles and aunts do not receive the reduction; only €7,993.46 is deducted from the base. The base for the apartment is, at minimum, its Cadastral reference value on the date of death.

Do I lose any advantage if I sell the inherited apartment soon?

Yes. If it was the deceased's habitual residence and the 95% state reduction was applied (maximum €122,606.47 per heir), it must be held for 10 years; if sold earlier, the tax that was not paid plus interest must be paid (Law 29/1987, art. 20.2.c). With Murcia's 99% relief, the difference is usually small, but it is advisable to calculate it before setting a price.

How many municipal capital gains taxes must be paid?

Two. One upon inheriting (the period from when the deceased purchased the property until their death) and another upon selling (from the death until the sale). In Murcia capital, the inheritance tax has a 95% reduction if it was the deceased's primary residence, with them registered as living there for their last 2 years (Fiscal Ordinance 3.5, art. 10). If it is proven that there was no increase in value, there is no capital gains tax.

What if there are several heirs and we don't agree?

No one is obliged to remain in co-ownership and anyone may request partition. Since April 2025, before filing a claim it is mandatory to attempt mediation, conciliation or negotiation (Organic Law 1/2025). With an independent appraisal and a proposal for price and distribution, it is usually resolved without going to court.

What are the deadlines?

Six months from the date of death to file the Inheritance Tax return (Form 650 at the Tax Agency of the Region of Murcia), extendable by a further six months if requested within the first five. For the capital gains tax on inheritance in Murcia, also six months, extendable up to one year. When selling, the new capital gains tax is declared within 30 business days.

Can you handle the sale if I live outside Murcia?

Yes. With a power of attorney (from abroad, before a notary with the Hague Apostille or at the consulate), we coordinate the signing, bank, notary and handover of keys without you having to travel. If you are not a tax resident in Spain, the buyer will withhold 3% of the price as a payment against your tax.

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