☀️ Málaga Is a Foreign Property Hotspot — But Inheritance Comes with Rules
If you’ve inherited a villa, apartment, or family home in Málaga or the Andalucía region as a non-resident, there are important legal and tax steps you must take.
Even if you’re abroad, you can complete the full inheritance process remotely — and thanks to Andalucía’s generous tax reductions, many heirs pay little or no tax.
Here’s what non-residents need to know to inherit property in Málaga properly.
✅ Is Inheritance Tax Due in Málaga?
Yes — but almost all family heirs (spouses, children, grandchildren) benefit from a 100% tax exemption in Andalucía on inheritances up to €1,000,000.
Key Facts:
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Applies to Group I and II heirs (children, parents, spouses)
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Applies even if the heirs live outside Spain
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Must file and document everything correctly to qualify
💡 Non-EU residents can also benefit if represented properly by a Spanish lawyer or tax agent.
🔁 Step-by-Step: Inheriting Property in Málaga
1. 📄 Gather Inheritance Documents
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Death certificate (apostilled + translated into Spanish)
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Will (Spanish or foreign with sworn translation)
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NIE for each heir
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Property deed and cadastral reference
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Proof of relationship
2. 🧾 File Inheritance Tax (Modelo 650)
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Deadline: 6 months from date of death
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Extension: Apply within first 5 months if needed
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Submit via Junta de Andalucía tax office
✅ 100% tax reduction still requires full paperwork submission.
3. 🖋️ Sign Inheritance Deed with Notary
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Escritura de Aceptación de Herencia
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Can be signed via Power of Attorney
4. 🏛️ Register Property in the Land Registry
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Submit notarial deed + tax documents to Registro de la Propiedad
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Update ownership in Cadastre (Catastro)
5. 💰 Pay Plusvalía Municipal
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Local capital gains tax
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Paid to the Ayuntamiento de Málaga
💸 Andalucía’s Inheritance Tax Benefits for Foreigners
| Heir Type | Deduction |
|---|---|
| Children/spouse | 100% on up to €1,000,000 |
| Under 21s | Extra €1,000,000 allowance |
| Other relatives | Reduced benefits — check eligibility |
✅ Applies even for non-residents, if the deceased or the property is in Andalucía.
❌ Common Mistakes Non-Residents Should Avoid
| Mistake | Risk |
|---|---|
| Assuming “no tax” means “no paperwork” | Penalties for missing tax filings |
| Not appointing Power of Attorney | Must travel to Spain |
| Using an untranslated foreign will | Not accepted by Spanish notaries |
| Ignoring Plusvalía Municipal | Ownership change will be blocked |
⚖️ How We Help Non-Resident Heirs in Málaga
Our English-speaking lawyers:
✅ Validate wills and handle translations
✅ Obtain NIEs for heirs
✅ File inheritance tax with full exemptions
✅ Sign deeds and attend notary on your behalf
✅ Register the property and pay local taxes
✅ Represent you via Power of Attorney
💡 Most of our inheritance clients complete the entire process without traveling to Spain.
📞 Inheriting a Property in Málaga from Abroad?
Avoid tax mistakes, delays, and stress. Let our legal team handle your inheritance — from filing to full property registration — while you stay abroad.
👉 Book your consultation with a Málaga inheritance lawyer now.