The 5 steps to regularize an inherited property before putting it up for sale

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Inheriting real estate is an important step, but before you can sell it, it is essential to regularize it.

This ensures that the property complies with Moroccan laws and is legally registered in your name.

Here are the five essential steps to regularize an inherited property before putting it on the market.

1. Obtain the death certificate and the certificate of inheritance

The first step is to officially prove the inheritance. To do this, two crucial documents must be gathered:

• Death certificate: This document, issued by the competent authorities, certifies the death of the person from whom you inherit.
• The certificate of inheritance: Established by an Adoul (traditional notary) or a court, it lists the legitimate heirs and their respective share in the inheritance.

These documents serve as the basis for initiating all administrative and legal procedures.

2. Declare the inheritance to the land registry

Once you have obtained the documents proving the inheritance, you must register the property with the Land Registry. Here are the key steps:

• Provide the deceased’s title deed.
• Attach the certificate of inheritance and a copy of the death certificate.
• Complete the required forms to request the transfer of land title in your name or in the name of the heirs.

Once this declaration is made, the property will be registered in your name in the land registers, an essential prerequisite for any future transaction.

3. Pay registration and inheritance taxes

Real estate inheritances are subject to specific tax laws in Morocco. You will have to pay certain fees to regularize the property, including:

• Registration fees: These are calculated based on the declared value of the property.
• Inheritance taxes: Although Morocco applies exemptions for close relatives, it is crucial to check your situation with the tax authorities.

These payments must be made promptly to avoid penalties or administrative hold-ups.

4. Check the legal and town planning compliance of the property

Before putting the property up for sale, it is essential to ensure that it is in order from a legal and planning perspective. This includes:

• Land titles: Check that the titles are up to date and free of mortgages or disputes.
• Building permit and certificate of conformity: These documents certify that the property complies with current town planning regulations.

If there are any irregularities, corrective action will need to be taken before you can sell.

5. Share the property between the heirs or request joint ownership

If the property is inherited by several people, it is imperative to clarify the distribution of shares:

• Joint sale: The heirs can decide to sell the property together and share the proceeds of the sale.
• Joint ownership deed: If you wish to keep the property under joint ownership, a joint ownership deed must be drawn up.

This sharing or joint ownership must be notarized to be legally valid and allow the sale of the property.

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