Inheritance vs legacy of a property

In everyday language, "inheriting a flat" covers almost everything. In inheritance law, inheritance and a legacy are not the same thing. The difference matters when it comes to accepting, paying taxes, registering and, above all, selling the property.

Inheritance: a share of the estate

The heir succeeds the deceased to a share of the estate (or the whole estate, if they are the sole heir). They do not simply receive "the house" in isolation: they enter the general estate with all that this entails (assets and, to their corresponding extent, liabilities), and usually participate in the division of the estate with the other co-heirs.

In practice, if you are three siblings who inherit equal shares and there is a property, it must be allocated: one keeps the flat and compensates the others, or it is sold and the proceeds are split, among other options. Until this is formally documented, selling "your third share" to an outside third party is complicated and unappealing to buyers.

Legacy: a specific asset

A legacy (or specific bequest) attributes a specific asset (for example, "I leave the flat on Street X to Ana") to a person, known as the legatee. That person is not necessarily an heir to everything else. Their right focuses on that specific asset (subject to the provisions of the will and the statutory reserved share of forced heirs, if any).

To sell a bequeathed flat, the legatee needs their title to be properly formalised and registered. It is not enough simply to show the will on a property portal.

Differences you notice in real life

Who signs the sale: in a shared inheritance, all co-heirs usually sign, or whichever person is allocated the property following the division of the estate. In the legacy of a specific property, whoever holds title as the legatee signs (after completing the relevant procedures).
Debts of the deceased: the heir is more exposed to the deceased person's liabilities; the legatee, on the other hand, is focused on the specific asset bequeathed, though this does not mean ignoring encumbrances on that property (mortgages, liens). Each case requires a careful reading of the will and the Land Registry record.
Division of the estate: an inheritance usually requires an agreement among heirs. The legacy of a specific property can simplify "who gets the house", but it does not remove the need for taxes or land registry entry.

What not to confuse

Being named in the will does not mean you can sell tomorrow.
A usufruct (life interest, for example, for a surviving spouse) is not the same as full ownership: it can prevent or restrict the sale.
"My father left it to me verbally" is no substitute for legal probate title or land registry entry.

Forced heirship rights and testator limits

Even if the will says "I bequeath the flat to X", in many cases the legal reserved share (legítima) of forced heirs must be respected. A legacy that infringes upon that reserved share can be reduced or challenged. We will not go into specific percentages or statutory articles without reviewing your case file: a correct assessment must be carried out by a lawyer reviewing the will and family tree.

Practical advice: do not sell or sign a deposit agreement (arras) based solely on a clause in the will. Confirm that the legacy is valid, transferable and registerable.

Usufruct and bare ownership

Sometimes the will leaves bare ownership (nuda propiedad) to the children and the usufruct (life interest) to the surviving spouse (or another arrangement). Anyone who is only a bare owner cannot sell full ownership without the usufructuary (unless agreed or upon extinction of the usufruct). Many people mistakenly refer to "inheriting the flat" when describing what is actually a limited right. Before putting it on the market, check the land registry extract (nota simple): that is where your exact ownership right is stated.

Before putting up the "for sale" sign

Will or grant of probate / declaration of heirs.
Acceptance / transfer of the legacy as applicable.
Payment of applicable inheritance taxes in your regional autonomous community.
Registration in the Land Registry.
Then, sales agreement, deposit agreement (arras) and completion at the notary.

The step-by-step detail can be found in herencia de una vivienda: pasos antes de vender.

If you are unsure whether you are an heir, a legatee, or both, Sky Law (European Legal Awards in Real Estate Law, 2023-2025) can review your case under abogados inmobiliarios before you sign a deposit agreement that you cannot subsequently fulfill. Once the title is clear, Sky Real Estate can manage the sale.