Home / Inheritance and estates / Inheritance lawyer in Marbella
Inheritance lawyers for families in Marbella
Has a relative left you an apartment in Marbella, a house in San Pedro Alcántara or a villa in Elviria, and you live in another city or another country? We handle the acceptance, the division, the capital gains tax, the inheritance tax and the registration, until the deed comes out of the Land Registry in your name. Our office is in La Línea de la Concepción; in Spanish and English, by video call or face to face.
Heirs in Spain and abroadService in Spanish and EnglishOnline or in person
Inheritance lawyer for Marbella when the heirs live abroad
We offer legal advice from a lawyer who specialises in inheritance, with experience in cases involving heirs from several countries. We answer any question at the consultation, give information on the process and defend your interests if there is a conflict between heirs. We take care over professionalism and attention in every situation.
On the Costa del Sol, the typical inheritance does not fit in one city. The house is in Marbella, the daughter lives in Valencia, the son in London or Oslo, the father had one account in Spain and another in his own country, and the will was made twenty years ago before a notary somewhere else. Nobody knows which law applies or what has to be filed first.
The same team brings together the legal view (will, heirs, division) and the tax view (capital gains tax, inheritance tax), so each heir knows their bill before signing. You receive the steps in writing with their deadlines, and we deal with the notary, the town hall, the regional tax office and the Land Registry.
You can find the firm’s general service at inheritance lawyers in La Línea and the Campo de Gibraltar (the area around Gibraltar). Here we cover what changes when the property is in Marbella.
Applicable law: foreign and non-resident heirs with a home in Marbella
If the person who died was a foreign national, the first question is which law governs their succession. European Regulation 650/2012 answers it: the law of the country where they habitually lived at the time of death applies, unless the will designated the law of their nationality.
It applies even when the designated law belongs to a non-EU country. Then the papers must be gathered: the certificate of last wills is requested in Spain, and a will made abroad usually needs an apostille or legalisation and an official translation for the notary and the registrar to accept it.
An heir who lives far away does not have to get on a plane. With a power of attorney granted in their country, video-call meetings and documents by email, the file moves forward without them. And if they live outside the EU and the EEA, for the tax they will need a representative based in Spain; we can also provide that.
Two cases, two outcomes. A German who lived in Marbella, with no specific will, leaves an estate governed by Spanish law, with forced shares (legítimas) for the children. A British citizen who lived here but chose English law in their will may have arranged a very different division. That is why we read the will and check where they really lived before doing the sums.
Municipal capital gains tax in Marbella when inheriting a home
Each heir settles their municipal capital gains tax (plusvalía municipal) with Marbella Town Hall, for the rise in the value of the land. This is what the 2026 tax bylaw says:
In Marbella it is common for the cadastral value to exceed the last band, and then there is no allowance. We work out each case before the signing.
Rate
29 % of the taxable base.
Deadline
Six months from the death, extendable by up to six more if requested within the deadline.
Actual gain
If the land value has not risen, the bylaw allows tax to be paid on the actual gain instead of the objective method.
Allowance for the usual home
For spouse, descendants and ascendants, the tax is reduced according to cadastral value: 95 % up to 125,000 euros, 50 % up to 200,000 and 20 % up to 300,000. It requires that it was the deceased's usual home during their last two years and that it is requested when filing the return, on time.
Inheritance tax: office and rules depending on where the deceased lived
Which rules apply depends on where the deceased lived over the last five years. If in Andalusia, it is declared to the regional government (Junta), online or at the Málaga office of the Andalusian Tax Agency (Agencia Tributaria de Andalucía). For children, spouse and parents there is a reduction and, in addition, 99 % off the tax due; the requirements are on our page on inheritance tax in Andalusia. An allowance is not an exemption: the return is always filed, within the deadline.
If the deceased did not live in Spain, the rules on competence change: the rules of the region where the most valuable of their Spanish assets are may apply, and some non-resident heirs file with the National Tax Management Office (Oficina Nacional de Gestión Tributaria) in Madrid. We find out which office applies before sending anything, because getting it wrong uses up days of a deadline that does not stop.
Does the heir live in Gibraltar? For that case there is a page of its own on inheritances of Gibraltar residents.
Land Registry and notary for the inheritance of your home
What decides the Land Registry is where the property is, not where the heirs live. In Marbella there are several numbered registries and each home belongs to one according to its location; we confirm it from the deed or the Land Registry extract (nota simple) before drafting.
What we do at this stage:
Review of the property. Who appears as owner, mortgages, life interests and whether the details match the Cadastre (Catastro). If the house is in a development, we ask the community of owners for its debt certificate.
Deed of acceptance and allocation. We draft it with the agreed division and set the appointment at the notary, so everyone signs knowing what they sign.
Registration and changes of owner. We take it to the Land Registry, follow the registrar’s assessment through to the entry and then change the Cadastre, the property tax receipt (IBI) and utilities.
An inherited home that you want to sell. It is common for someone who inherits from abroad to end up selling the apartment. The order cannot be skipped: first acceptance, then registration in your name and then the sale. For that last stage we work with our property lawyers for Marbella and with the taxes on that sale.
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A typical case: a Swedish couple's house in Nueva Andalucía
A Swedish man who had lived in Marbella for years dies. He is survived by his wife and two adult children, one in Stockholm and one in Barcelona. He leaves an apartment in Nueva Andalucía, a balance at a bank here and another in Sweden, and a will drawn up in his own country.
We determine the applicable law, check whether that will has effect in Spain and establish what each person receives. The deed is prepared with the notary, the capital gains tax and the inheritance tax are paid on time and the apartment goes into the Land Registry. The widow and children grant powers of attorney and follow everything on screen.
Office in La Línea, clients in Marbella and outside Spain
We work from La Línea de la Concepción. We work with residents of Marbella and with heirs spread across Spain and abroad. Anyone who wants to see us in person can come to La Línea, although hardly anyone needs to.
Also online. We study your case by video call, receive documents by WhatsApp or email, use electronic signature where the law allows and file the taxes online. The only in-person appointment possible is the notary, and with a power of attorney not even that.
The four stages of your inheritance in Marbella
A lawyer represents you in dividing the estate, settling obligations, drafting documents and defending your position when heirs disagree; each area is explained in its own context, with care and a solution for each problem.
01
Initial study
Will, applicable law, heirs, assets and debts, with a written calendar of deadlines.
02
Paperwork
Certificates, deeds, apostilles and translations until the file is complete.
03
Signing and the tax office
Deed before a notary, capital gains tax and inheritance tax filed on time.
04
Registration
Each heir becomes the registered owner and the pending changes are closed.
Common questions about inheriting in Marbella
Your situation is not listed here? Tell us on WhatsApp who has died, where they lived and what they leave in Marbella, and we will reply.
Are you based in Marbella?
No. Our office is in La Línea de la Concepción. If you live there or outside Spain, you speak to us by video call; and if you prefer, you can come to La Línea.
Which law applies to the inheritance of a foreign national who lived in Marbella?
In principle that of the country where they lived at the time of death, that is, Spanish law, unless their will chose the law of their nationality. We look at it with the will in front of us and by checking their real residence.
Do I have to travel to Marbella to accept the inheritance?
Not always. A power of attorney signed before a notary, or at the consulate of your country of residence, lets another person sign for you while the rest is done remotely.
Is capital gains tax payable when inheriting a home in Marbella?
When the land has risen in value, yes. Spouse, descendants and ascendants can get part of the tax reduced if it was the deceased’s usual home; the percentage depends on the cadastral value and is requested within the deadline.
What are the deadlines?
Six months from the death, for both the capital gains tax and inheritance tax. Both can be extended if requested before it ends.
What if the will was made in another country?
That will and the death certificate are needed, generally apostilled and translated by a sworn translator, as well as the Spanish certificate of last wills. We tell you exactly which documents your case requires.
Can the house be sold before the inheritance is divided?
Not directly. The home must be accepted and registered in the heirs’ names; from there it can be sold, and beforehand we compare the tax cost of each route.
Do you only handle paperwork?
We are a law firm and tax advisers: we handle the whole inheritance, taxes included. Monthly accounting and payroll are not part of what we do.
Do you take inheritances with disagreements between siblings?
We work on inheritances where the heirs reach an agreement. If the matter has to be settled before a judge, we do not take it, and we will tell you clearly from the start.
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What our clients say
Talk to us about your inheritance in Marbella
Tell us what has happened and where to start; we will tell you the papers needed and the order of the steps.
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