Can You Sell an Inherited House Before Completing the Succession Process?

Selling Inherited Property: A Practical Solution

Often, selling an inherited house proves to be an ideal solution, especially when multiple heirs are involved, making it impractical to manage the property in other ways.
By opting for immediate sale, one can also avoid the depreciation that the property would suffer if it went to a judicial auction.
In fact, most civil cases surrounding the division of inherited real estate tend to have this consequence.

The goal of selling as quickly as possible in order to distribute the proceeds according to the inheritance shares is both reasonable and entirely feasible.
However, it is crucial to closely adhere to the proper procedures to avoid unforeseen complications.
Many heirs wonder whether it is possible to bypass the inheritance declaration, which is mandatory when the inherited estate includes real estate, regardless of value or the relationship between the deceased and heirs.

Can You Sell Inherited Property Without Succession?

Despite the emotional challenges faced by all heirs, it is not possible to sell the inherited home without submitting the inheritance declaration.
This tax obligation is the very first step in selling the property and is mandatory when the inherited estate encompasses homes or other real properties.

Before proceeding with the sale, it is essential to submit the inheritance declaration within 12 months of the inheritance opening, alongside payment of the relevant tax assessed by the revenue agency.
The inheritance tax depends on the value of the inherited estate, with different exemptions and rates based on the relationship between the deceased and the heir.

Are There Additional Taxes to Consider?

Heirs must also settle the cadastral and mortgage taxes, which are fixed at 200 euros each if at least one heir qualifies for first home benefits.
In such cases, the heir is obligated not to sell the property for at least 5 years.
Otherwise, they must pay the difference in taxes due unless they purchase another home as their first residence.

There is, however, no requirement for heirs to pay capital gains tax, even if the selling price surpasses the valuation established at the time of succession, irrespective of the duration until sale.
Although the property may eventually be sold, the inheritance tax and other related charges must be paid nonetheless.

The Importance of the Inheritance Declaration

The inheritance declaration is crucial for the sale of an inherited property, yet the good news is that it replaces the notarial deed.
This deed is unnecessary for proceeding with the sale; however, the acceptance of the inheritance or the transcription of tacit acceptance (which can occur simultaneously with the sales transaction) is required, along with any waivers of inheritance from other parties involved.

Successful sale relies on mutual agreement among all heirs; without it, selling the property can only occur through judicial proceedings.
Alternatively, any agreeable heir may proceed to sell their share of the property (only after presenting the inheritance declaration), while keeping in mind the co-heirs’ right of first refusal.
Co-heirs must be notified first, allowing them the chance to purchase additional shares if they wish.

Along with the inheritance declaration and acceptance of the inheritance, a copy of the deceased’s death certificate and the will, if available, is necessary to ensure compliance with specified arrangements.
For instance, the deceased might have stipulated a usufruct right on the property, which must still be honored even in the event of a sale.