Selling an inherited property in Mallorca is easy even from a distance

Inheriting a property: A gift... or a maze of paperwork, taxes, and problems?

Receiving an inheritance is often a bittersweet moment. The loss of a loved one is accompanied by the responsibility, and sometimes the complexity, of managing their assets. When that inheritance includes a property in Mallorca, what could be a blessing quickly turns into a challenge: a legal, tax, and administrative maze that, if not mastered, can lead to delays, unexpected costs, and even family conflicts. How can you sell that inherited house or apartment in Mallorca efficiently, fairly, and without losing your sanity, especially if you reside outside the island?

This is where experience becomes invaluable. At Zaino's Capital, your trusted estate agent in Mallorca, we have made complexity our speciality. We understand that it is not just a sale; it is the culmination of a delicate process that requires precision, empathy and a multidisciplinary team that leaves no stone unturned. We will show you why trying to manage this sale on your own, or with an agency without the right expertise, could be a real odyssey. But don't worry: with Zaino's Capital, we will turn that maze into a clear and direct path to the success of your sale.

I. Real estate inheritance in Mallorca: 
A challenge at every corner (If you don't know the way)

Selling an inherited property is not like selling any other property. It involves a number of specific challenges which, if not approached with the utmost rigour, can stall the sale or create future problems:

• Emotional weight: Beyond the formalities, there is a sentimental component that can make decisions difficult.
• The legal labyrinth: Identifying heirs, verifying wills (or the absence of wills), managing the acceptance and adjudication of inheritance... each step is a doorway to legal uncertainty.
• The tax burden: Inheritance Tax, Municipal Capital Gains Tax, Personal Income Tax on capital gains... are taxes that vary according to the Autonomous Community (and the Balearic Islands has its own particularities) and can represent a significant outlay if they are not well planned, even with the risk of penalties for delays.
• Complicated logistics: Especially if the heirs live outside Mallorca or abroad, who manages the keys, the maintenance, the visits?
• Conflicts between heirs: The "proindiviso" can lead to disagreements about the sale price, the strategy or even the decision to sell.

Against this backdrop, the figure of an expert who manages every thread is vital. At Zainos Capital, we don't just sell; we manage complexity.

II. The legal and fiscal process of an inheritance with real estate in Mallorca:  A step-by-step full of critical points

Each stage of selling an inheritance has its particularities and requires millimetric precision. An error or a lack of knowledge in any of these points can halt the operation or generate unexpected costs:

II.1. Step 1: Death certificate and last will and testament.  The starting point.

• Death certificate: The most basic. Without it, nothing can move forward.
• Certificate of last will and testament: Crucial. It reveals whether the deceased made a last will and testament and which is the last and valid one.
  • Critical point: If there is no will, the process becomes exponentially more complicated.

II.2. Step 2: Declaration of heirs (if there is no will) or acceptance of the inheritance.

• If there is no Will (Warning!): A Declaration of Heirs (Acta de Notoriedad) is required which defines who the legal heirs are. A notarial (or judicial, longer) process that can significantly lengthen the deadlines.
  • Complication: Proving kinship, possible unknown or untraceable heirs.
• If there is a will: The heirs must accept the inheritance in a public deed before a notary. This document details which assets and debts are inherited, and how they are distributed (allocation).
  • The proindiviso: When several heirs seek to sell: If the property is inherited by multiple people, a proindiviso (co-ownership) is created. To sell, all co-owners must agree. Disputes among heirs regarding the price, urgency, or even the sale itself are very common and difficult to manage without an impartial third party.
    • Risk: A single dissenting heir can block the sale.

II.3. Step 3: Settlement of inheritance tax and municipal capital gains tax. The fiscal component.

• Inheritance and gift tax: It must be settled in the Autonomous Community of residence of the deceased (or where the assets are located, in this case, the Balearic Islands). The deadlines are strict (6 months from the date of death, extendable for an additional 6 months upon request).
  • Critical points:
    • Tax assessment: The administration can require that the declared value of the property be higher than what the heirs consider, generating a "parallel" and more taxes.
    • Regional bonuses: Balearic Islands has its own bonuses, which must be applied correctly.
    • Penalties: Failure to meet deadlines incurs surcharges and late interest.
• Municipal capital gains tax (Tax on the increase in value of urban land): Local tax paid to the municipality.
  • Critical point: The calculation can be complex, and the jurisprudence regarding it has changed, requiring updated advice.

II.4. Step 4: Registration in the property registry. Public recognition.

• Once the taxes have been paid and the inheritance accepted, the property must be registered in the name of the new heirs in the Property Registry.
  • Critical point: If the property is not registered in the name of the sellers (the heirs), it cannot be legally sold to a third party. This step is essential and may take time.

II.5. Step 5: Preparation for Sale (Additional Documentation).

• In addition to the inheritance documents, the mandatory certificates for the sale are required (Energy Efficiency Certificate, Certificate of Habitability), and it is necessary to verify that the property has no debts (IBI, community) or undeclared renovations.
  • Critical point: The absence of any of these certificates or the existence of urban irregularities can hinder the sale or drastically reduce the price.
    
    

→ Pregunta por nuestros servicios adicionales individuales. 

III. Specific circumstances that complicate inherited sales (and how Zaino's Capital masters them)

The complexity of an inheritance multiplies under certain conditions. Zainos Capital is prepared for each of them:

III.1. Inheritance with debts or encumbrances on the property: The hidden threat.

• Situation: The property may have an outstanding mortgage, liens, unpaid property taxes, or unpaid community fees.
• Risk: These debts fall on the heirs and can complicate or make the sale impossible if not managed properly. Buyers shy away from properties with encumbrances.
• Solución Zaino's Capital: Our legal and financial team thoroughly investigates all encumbrances, advises on their cancellation or how to manage them so that the sale is clean and attractive to the buyer, protecting them from future liabilities.

III.2. Heirs residing outside of Spain or on the peninsula: The barrier of distance.

• Situation: The heirs live far from Mallorca, making management, document signing, and follow-up difficult.
• Risk: Delays, need to travel (costs and time), distrust due to inability to supervise, lack of knowledge of the local market.
• Solución Zaino's Capital: We become your local team in Mallorca. We manage everything with a power of attorney (if you wish): from property preparation, visits, negotiations, to the signing at the notary. We guarantee constant and transparent communication remotely, eliminating your need to travel. We provide advice on the specific taxation for non-residents.

III.3. Property in poor condition or with undeclared renovations: A burden for sale.

• Situation: The inherited property may be old, require significant renovations, or have extensions/renovations that were never legally declared.
• Risk: Difficulty in finding a buyer, low selling price, future legal issues (urban planning) if the renovations are not legalized.
• Solución Zaino's Capital: We offer advice on Home Staging to enhance appeal, and our team of architects/lawyers can assess the renovation situation to find the best solution (legalization, technical report) that does not compromise the sale or value.

III.4. Conflicts among heirs: When the family does not help to sell.

• Situation: Disagreements about the selling price, the distribution of responsibilities, or even the decision to sell itself.
• Risk: Sales paralysis, property deterioration, emotional and economic wear and tear.
• Solución Zaino's Capital: We act as an impartial and professional mediator. Our judicially sound valuation (conducted by court appraisers) provides an objective basis for negotiation. We manage communication between the parties and seek an agreement that benefits all heirs, prioritizing the effective sale of the estate.
  

IV. The Zaino's Capital method: We turn complexity into simplicity and your sales into success.

In the face of every obstacle in the sale of an inheritance, Zainos Capital offers an expert, comprehensive, and risk-free solution.

IV.1. Shielded legal and tax advice: Your protective shield.

Our team of lawyers specialized in inheritance law and real estate taxation will review each document and guide you through every procedure. We don't just tell you what to do; we do it for you. From the Declaration of Heirs to the settlement of all taxes, you will have the peace of mind that everything is managed correctly, avoiding costly mistakes or penalties.

IV.2. Comprehensive turnkey management (Even remotely): Your absolute comfort.

Forget about travel, bureaucratic procedures, and complex management. We take care of the entire process:

• Professional report: Photos, videos, virtual tour.
• Strategic marketing: Publication on national and international portals, networking.
• Buyer filter: Only qualified visits.
• Negotiation: We are looking for the best price for you.
• Notarial coordination and after-sales: Everything is managed for a signing without surprises and changes in supplies. If you live outside Mallorca, we become your eyes and hands, keeping you informed with total transparency and consistency.

IV.3. Judicially sound valuation and price optimization: Selling at fair value.

Our expert judicial appraisers conduct an objective valuation based on real market data from Mallorca. This ensures a competitive starting price that attracts buyers, avoids overpricing (which prolongs the sale and lowers the final price), and underpricing (which causes you to lose money). Our goal is to sell your property at the most advantageous price in the shortest time possible.

IV.4. Our guarantee: "If we don't sell, zero cost to you."

We understand that selling an inheritance can create uncertainty. That's why, at Zainos Capital, we offer a clear and risk-free policy: we only charge if we successfully sell your property.

• There are no initial costs.
• There are no hidden charges.
• If the sale does not materialize, you do not pay anything.

This guarantee eliminates all economic risk for you and demonstrates our absolute commitment to the outcome. Your peace of mind is our top priority.

Conclusion: Your ultimate solution for selling an inheritance in Mallorca starts with Zaino's Capital.

The sale of an inherited property in Mallorca does not have to be a source of stress or a legal and tax puzzle. With Zaino's Capital, you have a multidisciplinary team that combines legal knowledge, tax experience, valuation expertise, and mastery of local real estate marketing, all under one roof.

Avoid costly mistakes, endless paperwork, and unnecessary conflicts. Let us turn the complex into simple, the uncertain into secure, and the sale of your inheritance into an efficient and successful process.

Contact us today for a confidential consultation and a free, no-obligation valuation of your inherited property in Mallorca.

Discover the peace of working with the experts who make a difference.