Questions answered
What to do when heirs disagree on the value of an inherited property
Short answer
If the heirs cannot agree on the value, an independent appraisal with a visit to the property gives an objective reference to negotiate the division.
The properties in an inheritance are held in co-ownership, which means all parties must agree to sell them. That is why family conflicts over the valuation are common. We explain how to act.
How is the value of a home calculated for an inheritance?
To appraise an inherited property, the market value is used as the reference. For it to be valid, it must be carried out by an appraiser approved by the Bank of Spain.
This valuation is key to complying with Law 29/1987 on Inheritance and Gift Tax. In addition, the Civil Code (arts. 1056 et seq.) establishes that, without agreement, a court division can be requested with an estate executor (contador-partidor) and an expert.
To be legally valid, the appraisal must comply with Order ECO/805/2003.
Steps to follow if there is disagreement
- Try to reach an amicable agreement with the help of an impartial adviser.
- Request a new objective appraisal from an approved company, valid for tax and legal purposes.
- Propose mediation with a professional mediator to facilitate dialogue.
- Go to a court division with an estate executor and an expert; the decision is binding but slower and more expensive.
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