# When heirs cannot agree: what options there are in Spain

> Inheritances blocked by disagreement between siblings: mediation, an estate divider, selling an inherited flat and when court is needed. Options and costs.

It happens more than people think: one sibling wants to sell the flat and another does not, someone never answers, or nobody trusts the division. Meanwhile the estate is frozen and costs keep running. There are ways out before going to court, and they are almost always faster and cheaper.

## What does not stop



- The inheritance tax deadline: each heir can file their own share even if the others do not
- Property tax (IBI), community fees and utilities, shared by all heirs
- Bank accounts stay frozen until there is a division or an agreement

## Mediation and an estate divider

Many inheritances are blocked by lack of information rather than bad faith. A clear inventory, objective valuations and balanced lots solve most cases. If the will appoints an estate divider (contador partidor), they can divide the estate without everyone's consent, within the law. If it does not, heirs holding at least half of the estate can ask a notary to appoint one.

## An inherited flat

Nobody is obliged to stay co-owners. One heir can buy out the others, all can sell to a third party or, failing agreement, any co-owner can ask a court to divide the property, which ends in an auction. The tax cost of each option differs, so it is worth calculating first.

## When court is needed

Without agreement or an estate divider, the last resort is a court division of the estate, which needs a lawyer and takes much longer. Concordia mediates and, where the will provides for it, acts as estate divider; if the case goes to court, we put you in touch with lawyers we work with.

## Frequently asked questions

### Can one heir block the inheritance forever?

No. An estate divider (appointed in the will or by a notary at the request of heirs holding half the estate) or, as a last resort, a court division allows the estate to be divided even if one heir refuses.

### What happens to inheritance tax if there is no agreement?

The deadline keeps running. Each heir can file their own return to avoid surcharges.

Updated: 2026

## Contact

- Phone and WhatsApp: +34 609 165 277 (https://wa.me/34609165277)
- Email: info@concordiasucesiones.com
- Address: C/ del Miracle 15, 46003 Valencia (Spain)
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- Company: Concordia Sucesiones, S.L. (CIF B05695101)

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Web version: https://concordiasucesiones.com/en/guias/herederos-no-se-ponen-de-acuerdo
