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Inheritance lawyers for families in Estepona
Have you received a flat or a villa in Estepona and do not know which paper to ask for first? Our lawyers take care of the whole file, from the first certificate to registration at the Land Registry. We work from La Línea de la Concepción; you can see us in person or by video call, in Spanish or English.
Heirs in Spain and abroadService in Spanish and EnglishOnline or in person
Inheritance lawyer in Estepona: who handles your case
Our team offers advice on civil and succession law with care and experience: a specialist gives you a solution to each problem in the inheritance, from claiming a right to proceedings before the Land Registry or the court, professionally and in the interest of all the heirs, including the property.
Inheriting in Estepona is rarely just a matter of paperwork. Many homes are second residences, bought years ago by families who lived in another country or another city, and the heirs are scattered. One lives in Madrid, another in northern Europe, and nobody knows which documents each office asks for.
We are lawyers and also tax advisers, so the division and the tax are studied together rather than one after the other. We read the will, or note its absence, identify the heirs, draw up an inventory of assets and debts and give you a written outline: what is done, in what order and before which date. Dealings with the notary, the town hall, the Andalusian Tax Agency (Agencia Tributaria de Andalucía) and the Land Registry are our responsibility.
What we do well is close the inheritance by agreement and sign it before a notary. If there is a dispute under way between the heirs, we explain it to you at the outset and plainly.
Inheriting a property in Estepona: Land Registry and notary
Estepona is in the province of Málaga and has two land registries, number 1 and number 2. Which one registers your home we find out from the Land Registry extract (nota simple) before drafting anything, because filing at the wrong one costs weeks. The deed of acceptance and allocation is signed before a notary; there are notaries in the town itself, so anyone travelling to sign does not need to go to another town.
Before going to the notary we go over four areas:
The property
Real owner, mortgages, life interests or charges, and whether what is registered matches the Cadastre (Catastro). For recently built homes, we also check that the new-build declaration and the division into separate units appear in the Land Registry.
The community of owners
In developments and blocks with a pool, garage or storage room, we request the certificate that fees are up to date so that a later sale or division is not held up.
The death
Death certificate, last wills and will; if there is no will, the declaration of heirs.
The division
We value the property and propose an allocation that everyone can sign, with cash compensation when one sibling keeps the house.
Heirs living away from Estepona or abroad
A good part of the homes on this coast belong to people who lived in another country. If one of them dies, the first thing is to know which law governs the inheritance. Since 2015 the European Succession Regulation (650/2012) applies: in principle, the law of the place where the deceased habitually lived, unless their will chose the law of their nationality.
A will made in another country usually needs an apostille and a sworn translation, and the register of last wills of that country may also have to be requested. We request it and coordinate it.
Anyone living far away does not have to travel to Málaga throughout the process. You can give someone a power of attorney before a notary, follow the file by video call and receive the documents by email. Heirs living outside the EU and the EEA must also appoint a representative in Spain for tax purposes, and we explain how.
Two questions that change everything. Where did the deceased really live? Did they leave a will, in Spain or abroad? With those two answers we know which law applies, how the estate is divided and which foreign papers will need to be legalised or translated.
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A case we often see
A couple bought an apartment in Estepona years ago. One of them dies. The children live in different cities and the will was drawn up in another country. The bank demands documents, the community of owners asks for arrears to be settled and one of the children wants to sell while another wants to keep it for holidays.
We begin by deciding which law applies and which of the wills is valid. Then we gather the documents, draft the deed with the agreed division and compensation, pay the taxes and finish by registering. Each child can sign with their own power of attorney, on different days. If they later decide to sell, we link it with our property lawyers for Estepona.
Estepona capital gains tax and inheritance tax
Inheriting a property triggers two taxes that should not be mixed up.
Municipal capital gains tax (plusvalía municipal). Each heir pays it to Estepona Town Hall, calculated on the value of the land. In 2022, when it approved the change to its bylaw, the town hall itself announced that it keeps a 95 % allowance for heirs. We check family relationship, usual home and registration on the local register (empadronamiento) in the current bylaw before filing, because the allowance has to be shown within the deadline: six months from the death, extendable to one year on request.
Inheritance and gift tax (Impuesto sobre Sucesiones y Donaciones). Even though the flat is in Málaga, the one who collects is the Andalusian regional government (Junta de Andalucía), through the Andalusian Tax Agency. Same half-year deadline and the same possibility of an extension requested in time. The competent office depends on where the deceased lived in recent years, not on where the property is. The calculation and reductions are explained in our guide to inheritance tax in Andalusia.
We do not promise a saving: each reduction has a requirement, and we set it out for you before you decide.
From La Línea, in person or without leaving home
Our office is in La Línea de la Concepción. If you want an in-person meeting, we see you in La Línea. If not, the whole process can be done without leaving home. We work with families from Estepona and the Costa del Sol, and with heirs who live in other provinces or countries.
Also online. Meetings by video call, documents sent by WhatsApp or email, electronic signature where the law allows it and taxes filed online. The only thing that requires a physical signature, or a power of attorney, is the notarial deed.
How an inheritance moves forward with us
A specialist in property and succession law studies the family’s aim, any contract or deed, the amount to be paid to the tax authorities and any change needed in the ownership of the assets.
01
Assessment
Will, applicable law, heirs, assets and debts, with a calendar of deadlines.
02
Paperwork
Certificates, deeds and foreign documents, legalised and translated where needed.
03
Signing and taxes
Inventory, deed before a notary and settlement of the capital gains tax and inheritance tax.
04
Registration
Each asset ends up in the name of whoever inherits it and you receive the closed file.
Questions about inheritances in Estepona
Your situation is not listed here? Tell us on WhatsApp who has died, where they lived and what they leave in Estepona, and we will reply.
Which Land Registry covers a home in Estepona?
There are two, number 1 and number 2, and it depends on the property. The Land Registry extract settles this before signing.
Do I need to travel to accept the inheritance?
Not always. With a power of attorney before a notary or at the consulate of your country of residence, someone else signs for you and the rest is followed remotely.
Which law applies to a deceased foreign national?
Normally that of the country where they lived at the time of death, unless the will expressly chooses the law of their nationality. We check it with the will itself and the details of their residence.
What if the will was made in another country?
A copy is obtained, apostilled or legalised, translated by a sworn translator and attached to the Spanish certificate of last wills. We tell you what applies in your situation.
How long do I have?
Six months from the death for both inheritance tax and capital gains tax, with an extension if requested in time. The sooner you start, the more room you have.
What happens if there is no will?
A notary draws up a declaration of heirs, after checking the register of last wills.
Do you handle inheritances where the heirs are in dispute?
We aim to close them by agreement. If the matter requires suing, for example challenging a will or dividing the estate in court, that is not what we do and we tell you clearly.
Can everything be done online?
Almost everything: meetings, sending documents and filing taxes. Only the deed before the notary requires you or your attorney to be present.
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Tell us about your inheritance
Write to us and we will tell you which documents to gather and what the first step is.
Office in La Línea de la Concepción. We work with you online or in person.
C/ Cervantes 2, entreplanta, despacho 4 · 11300 La Línea de la Concepción
WhatsApp 652 948 572 · 956 174 981 · pablo@asesoriaserra.es