Claiming life insurance as a beneficiary in Spain

Key rules

• Register wait: You can request the certificate only after 15 working days from the death.
• Payment deadline: The insurer must pay within 40 days of receiving your claim notice.
• Claim limit: You have 5 years to claim on a life policy.
• Certificate limits: The certificate names insurers only, not amounts, policy numbers or beneficiaries.

Start with the register certificate

If you don't know which insurer holds the policy, ask the Ministry of Justice register of death-cover insurance contracts. It tells you whether the person had life insurance or accident cover with a death benefit, and with which insurer. Heirs and named beneficiaries can ask for it.

The certificate does not show amounts, policy numbers or who the beneficiaries are. It also does not fully list group cover or pension plans. If you think the person had either, ask the employer, the bank or the pension provider directly.

How to request it

1. Wait until 15 working days have passed since the death.
2. Pay the fee with the Modelo 790 código 006. It is a few euros, and it is paid before you send the request. Check the current fee and form on the Ministry of Justice website.
3. Send the request to the Ministry of Justice registry. You can go in person, send it by post, or apply online with a digital certificate.
4. Attach the death certificate, your ID and proof of your interest, such as the will or the declaration of heirs.

Expect a few days to a couple of weeks for the certificate to arrive. The insurers it names will then contact the beneficiaries. Don't wait for that: contact them yourself.

Claim from each insurer

Send a claim notice to each insurer named on the certificate. Ask for their claim form and list of documents. The documents are usually the ones in the list below. Keep proof of the date the insurer receives your claim, because the payment clock starts then.

If the policy names "the heirs" as beneficiaries, you will also need the will or the declaration of heirs. If the death was accidental, the insurer may ask for medical, police or court reports.

Time limits

The insurer must pay within 40 days of receiving your claim notice. If it is late without a good reason, it owes you default interest on top. Where the amount is not yet fully settled, it must still pay the minimum it clearly owes within that time.

You have 5 years to claim on a life policy. The clock normally starts when you could first claim, which is generally the death. Don't leave it to the end. If there is a dispute over the start date or the interest, get advice from a lawyer.

Inheritance tax

Insurance payments can have tax consequences for the beneficiary. The tax rules are covered in the page on cross-border family and financial ties. Insurers may ask for proof that you filed the inheritance tax return or are exempt, so check this early.

Timeline and deadlines

• Receive the certificate naming the insurers: a few days to a couple of weeks after your request

• Send your claim to each insurer named: as soon as you have the certificate

• Last moment to claim on a life policy: 5 years from the date you could first claim, generally the death

Documents a beneficiary needs to claim a life policy

• Original death certificate (certificado de defunción). You need it for both Ministry of Justice certificates and for the insurer.

• Your ID: DNI, NIE or passport.

• Death-cover insurance certificate from the Ministry of Justice. It shows which life policies the person held. Request it in person, by post or online with a digital certificate, after paying the fee on form Modelo 790 code 006. You can request it once 15 working days have passed since the death. Include proof of your interest, such as the will or declaration of heirs.

• Certificate of last wills (Certificado de Últimas Voluntades). It shows whether there is a will and which notary signed the last one. Request it online with a digital certificate, in person at a Gerencia territorial office or by post, after paying the fee on form Modelo 790 code 007. You can request it once 15 working days have passed since the death.

• The policy and the latest premium receipt.

• The will or declaration of heirs (declaración de herederos), if the beneficiaries on the policy are "the heirs".

• Proof of the inheritance tax filing (Modelo 650 or your region's equivalent), or proof of exemption or payment, if the insurer asks for it.

• Medical reports, or police or judicial reports, if the death was accidental and the insurer asks for them.

• A bank certificate of the account where you want to be paid, if the insurer asks for it.

Checklist

• Count 15 working days from the death before you request the death-cover insurance certificate.

• Note the date the insurer receives your claim, so you can check the 40 days for payment.

• Claim within 5 years on a life policy, counted from when you could first claim.

Frequently asked questions

Does the death-cover insurance certificate tell me how much the policy pays?

No, the certificate does not state the amount, the policy number or who the beneficiaries are. It only says whether contracts exist and names the insurers. The insurers then contact the beneficiaries, so ask each insurer named for the details.

Does the certificate show group cover or pension plans?

Not in full, because the register does not list group cover or pension plans completely. If the person had cover through an employer or a pension plan, ask the employer or the plan provider directly.

What happens if the insurer pays me late?

If the insurer is late without a justified reason, it owes you default interest on top of the sum. The rate is the legal interest rate plus 50 percent, and from the second year after the due date it is at least 20 percent a year. If it still does not pay, talk to a lawyer.

Does the 5-year limit to claim start at the death?

Yes, the 5 years to claim generally start from the date you could first claim, which is usually the death. Non-life insurance has a shorter limit of 2 years, so do not apply that figure to a life policy.