Inheriting a Home in Marbella – Legal & Tax Considerations

Inheriting a Home in Marbella – Legal & Tax Considerations

🌴 Marbella’s Luxury Property Market Attracts Foreign Owners — But What Happens When They Pass Away?

If you’ve inherited a villa, apartment, or family home in Marbella, you must follow Spanish inheritance laws, tax procedures, and title registration processes — even if you’re living abroad.

Fortunately, Andalucía offers some of Spain’s most favorable inheritance tax rules, and the process can be handled remotely with the right legal support.

---

🧾 Do Foreigners Pay Inheritance Tax in Marbella?

Yes, but if the deceased or the property is located in Andalucía, generous tax reductions apply.

Key Tax Benefits for Close Relatives:

• 100% exemption on up to €1,000,000 per heir for spouses, children, and parents

• Applies to both Spanish residents and non-residents

• Foreigners must still file inheritance tax declarations — even if no tax is owed

💡 Non-EU citizens can benefit too, if they appoint a local legal representative.

---

🧱 What Assets Are Commonly Inherited in Marbella?

• Beachfront villas

• Luxury apartments in gated communities

• Investment properties

• Bank accounts and securities

• Personal effects and vehicles

---

🔁 Step-by-Step Guide to Inheriting Property in Marbella

1. 📑 Collect Required Documents

• Death certificate (apostilled + sworn Spanish translation)

• Last will and testament (Spanish or foreign)

• NIE for each heir

• Proof of relationship

• Property deeds and cadastral information

2. 🧾 File Inheritance Tax – Modelo 650

• Deadline: 6 months from the date of death

• Can request a 6-month extension

• File through the Junta de Andalucía tax portal

✅ 100% tax exemption doesn’t mean no paperwork — the process must be fully filed and registered.

3. 🖋️ Accept the Inheritance Before a Spanish Notary

• Escritura de Aceptación de Herencia

• Signed in person or via Power of Attorney

4. 🏛️ Register the Property

• Submit the deed to the Land Registry (Registro de la Propiedad)

• Update the Catastro (Spanish land registry)

5. 💰 Pay Plusvalía Municipal

• Capital gains tax on urban land

• Paid to the Marbella Ayuntamiento

---

💡 Can the Entire Inheritance Be Done Remotely?

Yes — most non-resident heirs appoint a Spanish inheritance lawyer with Power of Attorney, which allows:

• Tax filing and payment

• Representation at the notary

• Signing of inheritance deed

• Property registration

• Handling of municipal taxes

---

❌ Common Pitfalls When Inheriting in Marbella

---

⚖️ Legal Help for Foreign Heirs in Marbella

Our experienced team:
✅ Files inheritance tax claims for Marbella properties
✅ Drafts and validates POA documents abroad
✅ Coordinates with local notaries and tax offices
✅ Registers property in the heir’s name
✅ Handles all municipal obligations, including Plusvalía
✅ Works entirely remotely for non-resident clients

---

📞 Inheriting a Property in Marbella?

From beachfront villas to family homes, inheriting in Marbella doesn’t have to be complicated — or expensive. Let us manage the full process remotely and ensure you benefit from all tax advantages.

👉 Get in touch with our Marbella inheritance lawyers today.