Start with the applicable law and representation
Gather the will, family documents and information about where the child and deceased lived. International families may face different rules governing succession, parental responsibility and authorisation. The location of the apartment alone does not answer every issue.
Under Spanish common civil law, parents generally represent their children, but that does not give unrestricted power to dispose of their assets. Check who exercises parental responsibility and whether any court order or special arrangement affects the proposed action.
Look for a genuine conflict of interests
A parent may also inherit from the same estate. That does not automatically establish a conflict in every case, but particular allocations, compensation or competing rights may place the parent and child on different sides.
Where interests conflict, the appropriate representation must be determined. Depending on the circumstances, the other parent may be able to act or a judicial defender may be required. Do not conceal a conflict by having the same person sign twice under different descriptions.
Acceptance, partition and sale are not interchangeable
A minor's inheritance should be reviewed for debts as well as assets. Renouncing on the child's behalf and selling their real estate are subject to specific safeguards. Under article 166 of the common Civil Code, judicial authorisation is generally required for certain parental acts, subject to statutory exceptions.
A partition validly carried out with the necessary representation does not automatically authorise a later sale. Nor does an agreement between adult heirs replace an authorisation required to protect the child. Review the exact operation and the child's age rather than relying on a generic family consent.
Prepare the transaction file early
- Will or heirship documents, title deeds and ownership shares.
- Evidence of parental responsibility and any relevant court orders.
- Property valuation, proposed price and explanation of the child's benefit.
- Mortgage details, estate debts and proposed treatment of the child's proceeds.
If the family plans to sell a Fuengirola apartment, avoid promising an unconditional deadline before the formalities are understood. The deposit agreement should reflect the legal requirements and the consequences if an authorisation is delayed or refused.
Frequently asked questions
Can the adults divide the sale proceeds as they prefer?
No. The child's entitlement must be respected and the proceeds managed under the applicable safeguards.
Does every inheritance involving a child need identical court proceedings?
No. Representation, the transaction, age and applicable law matter. Obtain an individual assessment before accepting, renouncing, dividing or selling.