property

Estate Settlement Costs in Mallorca

Responsible for this content: Frank Menze

Estate costs calculator

Explanation

The value given to the property in the deed of acceptance and allocation of the estate (escritura de aceptación y adjudicación de herencia). Under the fee schedules (aranceles) the value assessed for tax purposes applies and, as long as none exists, the value stated in the deed — in the normal case the value you record there. The preset is an example, not a statement about the market. The calculation assumes one registered unit (finca registral) — if the parking space or storeroom is a unit of its own, the registry scale applies again to each.

Explanation

How many heirs take the property in equal shares. Both fees rise with every further heir: the notary charges each heir on their own share, and the registry spreads the value across the shares — and because both scales fall as values rise, the same property costs more with more heirs. Where shares are unequal, notary and registry charge on the actual value of each one.

Explanation

Bank balances, vehicles and household contents allocated in the same deed. Under Norma Cuarta.3 the notary charges on your entire share of the estate, whereas the land registry (Registro de la Propiedad) charges on the property alone — so this amount raises the notary's fee only.

Explanation

The original (matriz) is the copy that stays with the notary. The preset of twelve sheets is an example you can change; the exact number appears on the notary's fee note (minuta). The first four sheets are free and the charge starts with the fifth — the calculation assumes two written faces per sheet, because the fee is measured in faces while the allowance counts sheets.

Explanation

The certified copy (copia autorizada) is the version that goes to the land registry; the preset assumes the same length as the original. Each sheet costs the same amount, and from the twelfth onwards only half.

Explanation

How many certified copies (copias autorizadas) of the deed you order. One is enough for registration; every heir who wants their own pays for it again. The original is charged once regardless.

Field empty – default 0 used.

Explanation

Fee for a lawyer or a gestoría — a Spanish administrative office that handles the paperwork with the authorities. Both are freely agreed and no fee schedule governs them, so the field stays empty until you enter your quote. The amount enters the total exactly as you type it, including IVA (Spanish VAT) if your quote states it.

Field empty – default 0 used.

Explanation

Cost of the certified translation (traducción jurada) of the death certificate, the will and the proof of inheritance. There is no official tariff for these either. The amount enters the total exactly as you type it, including IVA if your quote states it.

Field empty – default 0 used.

Explanation

Fee charged by the German probate court for a certificate of inheritance or a European Certificate of Succession. It follows the value of the estate less the debts of the deceased (§ 40 GNotKG) and falls due twice: for the issue and for the sworn declaration.

Field empty – default 0 used.

Explanation

Death certificate, the search of the Spanish register of wills (Registro General de Actos de Última Voluntad) and the apostilles that make German documents valid in Spain. The Spanish death certificate is free of charge; the other items are priced by the authority that issues them.

Notary (deed of acceptance)
Why this figure?
The arancel's value scale runs once per heir, over what that heir is allotted (Norma Cuarta.3); sheets and copies are added unchanged.
€952.78
Value scale per heir
€704.78
Sheets of the original (matriz)
€48.08
Certified copies (copias)
€34.56
IVA (Spanish VAT) 21 %
€165.36
Land registry (Registro de la Propiedad)
Why this figure?
The value of the property is spread across the heirs' shares and the scale applied to each one (Norma Segunda.1).
€456.25
Value scale across the shares
€368.05
Filing entry (asiento de presentación)
€6.01
Tax charge note (nota de afección)
€3.01
IVA (Spanish VAT) 21 %
€79.18
Property value including costs
€451,409.03
Subtotal of the costs entered
€1,409.03

Not yet entered: Lawyer or gestoría (administrative office), Certified translations, Proof of inheritance, Certificates and apostilles

Inheritance tax is not included here — it depends on the family relationship and is worked out in the inheritance tax calculator.

Lawyer or gestoría: Field empty – default 0 used.; Certified translations: Field empty – default 0 used.; Proof of inheritance: Field empty – default 0 used.; Certificates and apostilles: Field empty – default 0 used.

Examples

Every example uses the preset sheet counts and one certified copy.

  • Two heirs, apartment

    €450,000.00 · 2 heirs

    €1,409.03

    subtotal, without the freely agreed items

  • Three heirs, property and bank balances

    €450,000.00 · 3 heirs · rest of the estate €120,000.00

    €1,919.77

    subtotal, without the freely agreed items

  • Sole heir

    €300,000.00 · one heir

    €828.94

    subtotal, without the freely agreed items

Legal status: 1 September 2012

This calculation is provided for guidance only and is not a substitute for tax or legal advice in specific cases.

What does inheritance processing cost in Mallorca?

If you inherit a property in Mallorca, alongside inheritance tax there are separate costs for having the estate notarised and the property re-registered in your name in the Land Registry. Most of this is not negotiable but follows two Spanish fee schedules — the rest consists of freely agreed fees for lawyer, translation and paperwork. The calculator above works immediately with example values; as soon as you adjust the value and number of heirs and enter the freely agreed items, the total for your case appears there.

Two things upfront, so you can correctly place the figure. Inheritance tax is not included here — it follows its own rules, and you'll find it in the calculator for that. And the fees apply regardless of whether tax is ultimately payable: in the Balearics, close relatives usually pay little or no tax, but notary and Land Registry still charge their fee.

How it's calculated

The costs consist of four blocks: the notary fee for the inheritance deed (escritura de aceptación y adjudicación de herencia, i.e. the acceptance and allocation of the estate), the Land Registry fee for the re-registration, incidental items such as copies and register enquiries, and finally the freely agreed fees.

The notary charges per heir — not once for the whole estate

This is the point that surprises most people, and it carries this whole page. The Spanish fee schedule for notaries (Arancel, Real Decreto 1426/1989) states in Anexo II, Norma Cuarta.3, that in the case of an inheritance the value scale is to be applied „a cada interesado por el total de bienes que se le adjudiquen" — to each party individually, based on everything allocated to them. Not once to the estate as a whole.

Because the scale decreases as the value rises, this works against the heirs: the same estate is split into several smaller portions, each portion falls into a more expensive band of the scale, and the total ends up higher than what a single heir would pay. The same property is more expensive to notarise with more heirs. This is why the calculator asks for the number of heirs, and why the result changes so noticeably when you adjust that number.

The Land Registry also splits the amount — but sets a cap

The fee schedule for the Land Registry offices (Real Decreto 1427/1989) takes the same approach in Anexo II, Norma Segunda.1 — the value of the property is divided among the heirs' shares and the scale applied to each share — but it sets a limit: the sum of all fees calculated this way must never exceed one percent of the value. This caps the re-registration fee regardless of how many heirs are involved. Spouses acquiring under the statutory community-of-acquisitions property regime (gananciales) are treated as a single acquirer under Norma Segunda.2.

Two different assessment bases

This isn't a minor detail — it's the most common calculation error. The notary calculates over the entire estate share — including bank balances, a vehicle or household contents, if they are allocated in the same deed. The Land Registry calculates exclusively on the property, „el valor total de las fincas". Anyone who enters only the property value with the notary underestimates their fee; that's why you can enter the remaining estate assets separately in the calculator.

Which value applies

Anexo II, Norma Primera of both fee schedules says the same thing: what matters is the value established for tax purposes, and as long as there is none, the value stated in the deed. As a rule, then, this is simply the value you set in the inheritance deed. Important: this is not the same as the cadastral reference value (valor de referencia). The reference value is the assessment basis for inheritance tax — for notary and Land Registry fees, it is not the relevant standard. The two are constantly confused.

Which reductions apply — and which don't

When buying a flat, two special reductions from 1999 and 2000 noticeably reduce the fees. In the case of inheritance, they don't apply: their wording refers to mortgage transactions and „la compraventa de viviendas", the purchase of residential property — and an inheritance is not a purchase. The general reduction from Real Decreto-ley 8/2010, which applies to all notary and registry fees, is deducted, however. The calculator takes exactly this distribution into account.

The freely negotiated items

For a lawyer or gestoría — a Spanish administrative office that handles official procedures, tax registrations and registry applications for you —, for certified translations (traducción jurada), for the German proof of inheritance and the procurement of documents, there is no official tariff. That's why these are input fields without a preset value in the calculator. We deliberately don't give a ballpark figure here rather than inventing one: the ranges vary so widely depending on the firm, scope and language that any default would mislead you. Get quotes and enter them.

Worked examples

Instead of typing amounts here, the calculator works through the typical cases itself and displays them below the result — two heirs with a flat, three heirs among whom, in addition to the property, bank balances are also distributed, and the sole heir. The comparison is most revealing if you only change the number of heirs and leave everything else as it is: then you see in one step what Norma Cuarta.3 means in practice.

Special cases

  • Multiple fincas registrales. In Mallorca, a flat, parking space and storage room are often registered as separate Land Registry units (fincas registrales). In that case, the Land Registry scale applies separately for each unit, whereas the application entry only applies once. The calculator assumes one unit — with several, the result is higher.
  • Unequal shares of inheritance. The calculator assumes equal shares. The notary and land registry calculate based on the actual value of each individual share; if the quotas differ significantly, the result shifts.
  • Two inheritance cases in one deed. If the estate is settled jointly after the death of both parents, this counts as two transfers. Under Norma Cuarta.3 paragraph 3, the fees apply separately for each, even if only one deed is drawn up.
  • Dissolution of the community of property. If the marital community of accrued gains (Errungenschaftsgemeinschaft) is settled at the same time, this constitutes a separate fee item for the surviving spouse alongside the inheritance case.
  • Certified copies. A single certified copy of the deed (copia autorizada) is sufficient for registration. Each additional copy — for the bank, for co-heirs, for the German probate court — incurs further costs.
  • Death certificate. The Spanish death certificate is issued free of charge by the registry office (Registro Civil).

Deadlines and forms

There is no deadline for the fees themselves; they fall due upon notarisation and registration. There is, however, a deadline for the tax: inheritance tax must be declared using Modelo 650 within six months of the date of death, with an extension possible upon request. What exactly is payable and which allowances apply is explained under the question, how much inheritance tax applies in the Balearic Islands.

Before the notary appointment, you need the certificate from the Spanish register of wills (Registro General de Actos de Última Voluntad), which conclusively states whether the deceased made a will in Spain. German documents — certificate of inheritance, European Certificate of Succession, death certificate — are only recognised in Spain with an apostille, a certification of authenticity under the Hague Convention, and generally also require a certified translation.

The German proof of inheritance

If you need a German certificate of inheritance (Erbschein) or a European Certificate of Succession, the court fee is based on the value of the estate less the debts attributable to the deceased (§ 40 paragraph 1 sentence 2 GNotKG). If the certificate of inheritance is only applied for in respect of one co-heir's share, only that share is taken into account (paragraph 2). Expect the fee to be charged twice: once for the issuance and once for the affidavit that precedes the application.

The notary fees follow Real Decreto 1426/1989, the land registry fees follow Real Decreto 1427/1989, both as amended by Real Decreto 1612/2011. The general reduction stems from Real Decreto-ley 8/2010, while the purchase-related reductions, which do not apply to inheritance cases, come from Real Decreto-leyes 6/1999 and 6/2000. German costs law for courts and notaries, known as GNotKG, applies to the German proof of inheritance. The status on which the calculator is based is stated beneath the result itself.

Frequently asked questions

Who pays the notary and Land Registry fees in the event of inheritance?
The costs are borne by the estate, meaning economically by the heirs — each in proportion to their share, unless the will specifies otherwise. In practice, one heir or the appointed gestoría often advances the costs and settles up later. The notary issues their invoice according to the official fee schedule, not based on actual effort.
Why does the notary fee become more expensive when there are more heirs?
Because the fee schedule applies its scale to each heir individually, based on what is allotted to them. The scale decreases as the value rises, so several small shares together end up in a more expensive bracket than one large share would. The Land Registry limits this effect with a cap, whereas the notary does not.
Is inheritance tax included in this calculator?
No. The calculator only shows the ancillary costs of the process, i.e. notary, Land Registry, and the freely agreed items. Inheritance tax follows its own rules, its own allowances and its own tax base, and is calculated separately.
Do I need a German certificate of inheritance (Erbschein) for a property on Mallorca?
Not necessarily. If the deceased made a Spanish will, this is generally sufficient together with the certificate from the Register of Wills. If there is no Spanish will, the notary and Land Registry require proof under the law applicable to the succession — often a German document, usually the European Certificate of Succession.
Do the will and other documents need to be translated and apostilled?
German public documents are only recognised in Spain with an apostille. In addition, the notary and Land Registry generally require a certified translation by a translator recognised in Spain. Both are freely agreed services with no official tariff, so you enter them yourself in the calculator.
What applies if we keep the property undivided and jointly?
Then you will be registered as co-owners according to your shares, and this is exactly the standard case that the calculator reflects. The fees still apply for each heir. If you divide the ownership later, this creates a further process with its own fees.
How long does the re-registration in the Land Registry take?
After notarisation, the tax must first be declared and the deed submitted to the responsible Land Registry office; only then does the actual processing begin. Expect several weeks to months overall, depending on the office, the completeness of the documents and any queries from the registrar.
Does the cadastral reference value change the fees?
For the fees, the value determined for tax purposes or, alternatively, the value stated in the deed is decisive. The cadastral reference value is the tax base for inheritance tax and applies there. Confusing the two regularly leads to incorrect expectations regarding the invoice.

This page deliberately calculates only the incidental costs. How much tax applies to the acquisition itself is explained by the calculator on how much inheritance tax applies in the Balearics. If you live in Germany and are also liable for tax there, it's worth looking at how a Spanish inheritance affects German tax — there is no double taxation agreement for inheritance cases, only a tax credit.

If it's already clear that you don't want to keep the property, you'll find the process and the tax pitfalls where we explain what to bear in mind when selling an inherited property in Spain. For the reverse case — a normal purchase — there is a separate calculator for notary and land registry costs; the reductions for buying a home apply there, which don't apply in an inheritance case.