Selling an inherited property works largely the same as selling a regular home, but with a number of additional legal and tax-related steps. Before you can sell the property, the estate must first be formally settled and it must be clear who the legal owner is. In this article, we answer the most frequently asked questions about selling an inherited home, so you know exactly what to expect.
Who is allowed to sell an inherited home?
Only the heirs who jointly own the property are permitted to sell an inherited home. That may sound straightforward, but in practice there are often multiple heirs involved. They must all agree to the sale before the process can begin. If there is a will, it determines who the heirs are. Without a will, statutory inheritance law applies.
Before anyone can officially register the property in their name or sell it, the estate must be accepted. Heirs have three options: unconditional acceptance, acceptance under the benefit of inventory (meaning you are not liable for debts exceeding the value of the estate), or rejection. Only after acceptance and registration with the notary can the heirs act as owners and sell the property.
Are there minor heirs, or is someone whose signature is required unavailable? In that case, court approval may be needed. A notary can help you take the right steps in such situations.
What steps are involved in selling an inherited property?
Selling an inherited property follows a fixed sequence of legal and practical steps. First, the estate is settled; then the property can be put on the market; and finally, the transfer is completed with the notary. The steps are outlined below:
- Accepting the estate: All heirs decide whether to accept or reject the inheritance.
- Declaration of inheritance: The notary draws up a document proving who the heirs are and who is authorized to act.
- Registration in the Land Registry: The property is registered in the names of the heirs.
- Property valuation: A real estate agent or appraiser determines the market value of the property.
- Preparing the property for sale: Any contents are cleared out and the property is presented for sale.
- Listing the property: The property is offered through a real estate agent or other channels.
- Negotiating and signing the purchase agreement: After an offer is made, all heirs negotiate and jointly sign the purchase agreement.
- Transfer with the notary: The sale is officially completed with the deed of transfer.
Bear in mind that steps 1 through 3 can sometimes take weeks to months, depending on the complexity of the estate.
How much tax do you pay on the sale of an inherited home?
When selling an inherited home, as an heir you do not pay income tax on the sale proceeds themselves, but other taxes may apply. The most significant is inheritance tax, which you pay on the value of the property at the time of death. The sale proceeds themselves fall outside the scope of inheritance tax, but the value of the property at the time of death is used as the starting point.
As for any gain on the sale: if the property has increased in value between the time of death and the date of sale, you generally do not have to pay tax on that difference. This applies as long as the property is not classified as an investment asset in box 3. If you lived in the property yourself after the death, the standard rules for owner-occupied homes (box 1) apply.
Always consult a tax advisor or notary for your specific situation. The tax rules surrounding inheritances can be complex, especially when multiple heirs are involved or there is an international element.
What if the heirs cannot agree on the sale?
If heirs cannot agree on the sale of an inherited home, the sale generally cannot proceed without consensus. All co-owners must consent to a sale. However, there are legal options available if the situation reaches a deadlock.
An heir who wishes to sell can apply to the court to force a division of the jointly held estate. The court can then order that the property be sold, even if not everyone agrees. This is known as a claim for partition and is governed by the Civil Code.
Before taking legal action, it is advisable to first try to reach an agreement together, possibly with the help of a mediator. Legal proceedings take time and money, and significantly delay the sale. If all else fails, a lawyer or notary is the right person to help you move forward.
How long does it take to sell an inherited property?
Selling an inherited property typically takes longer than selling a regular home, because certain legal steps must be completed before the property can be put on the market. Expect a total timeline of three to six months, depending on the complexity of the estate and conditions in the housing market.
Settling the estate itself — including drawing up a declaration of inheritance and registering with the Land Registry — can easily take four to eight weeks. After that, the actual sales process begins: valuation, presentation, viewings, and negotiations. Once the purchase agreement is signed, there is typically a further transfer period of six to eight weeks.
If there are disagreements between heirs or legal complications, the total timeline can extend to a year or more.
Do you need a real estate agent for an inherited property?
You are not required to use a real estate agent to sell an inherited property, but it is strongly recommended. An inherited home comes with additional legal and practical challenges, and an experienced agent can save you a great deal of time, stress, and potential mistakes.
A real estate agent can help you with, among other things:
- A realistic property valuation
- A strong presentation with professional photography and a targeted listing
- Reaching the right buyers through the right channels
- Guiding negotiations and drafting the purchase agreement
- Coordinating with the notary for a smooth transfer
Especially when multiple heirs are involved, having a neutral party to coordinate the sales process is invaluable. It prevents misunderstandings and keeps things clear and manageable for everyone.
How we help with selling an inherited property
At Urban Homies, we guide you from start to finish through the process of selling a property, including inherited homes. We begin with a thorough valuation and a clear sales strategy, tailored to the situation and the wishes of all heirs. We then take care of a professional presentation of the property, including photography and a custom listing.
Our team manages the entire process, from the initial strategy meeting to the signing at the notary and aftercare. We work closely with notaries and lawyers to ensure the legal side is properly handled — so you can focus on what matters most.
- Personal guidance from a dedicated point of contact
- Property valuation and market research
- Professional presentation and marketing
- Negotiation support and contract assistance
- Collaboration with notaries and legal advisors
Want to find out how we can help you sell an inherited property? Explore our sales guidance services or get in touch for a no-obligation conversation.
