Paperwork after a death

It is for people who are moving to Spain, planning to, or already living there, and who need to know what to notify, close or protect, and in what order.

Start with "What to do in the weeks after a death in Spain". It gives you the full sequence, so you can see what is urgent and what can wait. Then move on to the pages you need:

• "What happens to a bank account when someone dies in Spain"
• "Cancelling utilities and stopping direct debits after a death"
• "Your own situation after a spouse dies: home, health cover and residence"
• "Unmarried partners (parejas de hecho): rights when your partner dies"

Inheritance tax, estate settlement, survivor pensions, wills and funeral arrangements are covered elsewhere.

Key rules

• Wills certificate wait: You can ask for the certificate of last wills, and the certificate of life-cover policies, only once 15 working days have passed since the death.
• Tax deadlines: The final income tax return and the inheritance tax return are each due within 6 months of the death.
• Taking over a rental: To take over a rented home, you must tell the landlord in writing within 3 months of the death, with the death certificate and proof of your relationship.
• Direct debit refund: You can ask for a refund of an authorised direct debit within 8 weeks of the charge, and report an unauthorised one within 13 months.
• Bank account block: Once the bank knows of the death it blocks the deceased's individual account, and funds go only to the heirs once they present the required documents.
• Bank checklist: Each bank sets its own document list, so ask for it in writing before you gather papers.

Paperwork after a death: the whole process, step by step

From the first hours to the last filing

• Get the doctor's medical death certificate and call the funeral home or your decesos (funeral cover) insurer: within hours of the death

• Let the funeral home register the death and arrange the burial or cremation: registration within 24 hours; burial or cremation not before 24 hours and generally within 48 hours

• Order several copies of the death certificate: in the first days

• Tell the pension payer (INSS) of the death so payments stop: as soon as you can; payments received after the month of death must be paid back

• Ask for the last wills certificate and the life-cover policies certificate, usually together: only once 15 working days have passed since the death

• Go to a notary with the will, or for a declaración de herederos (declaration of heirs) if there is no will: once you have the certificates

• Tell banks, insurers, utilities and landlords. Cancel supplier contracts before the bank blocks the account, because direct debits are returned unpaid after that: in the first weeks

• Take over a rented home by telling the landlord in writing, with the death certificate and proof of your relationship: within 3 months of the death

• File the final income tax return, the inheritance tax return and the municipal plusvalía tax: within 6 months of the death; inheritance tax and plusvalía can be extended by 6 months if you ask in time

• Claim any life insurance: tell the insurer within 7 days if the policy says so; the claim period is generally 5 years

Documents you may need

Identity and residence

• Your ID or NIE as an heir — What happens to a bank account when someone dies in Spain
• Certificate of registration in the regional register — Unmarried partners (parejas de hecho): rights when your partner dies

Income and work

• Inheritance tax return — What happens to a bank account when someone dies in Spain

The home and the lease

• A written statement of who is taking over the lease — Your own situation after a spouse dies: home, health cover and residence

Other documents

• Death certificate
• Last wills certificate — What to do in the weeks after a death in Spain
• Family book — What to do in the weeks after a death in Spain
• Certificate from the Registro de Últimas Voluntades — What happens to a bank account when someone dies in Spain
• Escritura de aceptación y adjudicación de herencia — What happens to a bank account when someone dies in Spain
• Proof that you lived with your partner for at least two years before the death — Unmarried partners (parejas de hecho): rights when your partner dies

Each article lists the other documents it asks for, where you need them.

Paperwork after a death: questions that cross several articles

Which certificates will I need after a death in Spain?

You will mostly need the death certificate, the last wills certificate and the life-cover policies certificate. The death certificate is asked for by banks, insurers, the pension office, the tax office, utilities and notaries. Kinship papers such as the family book are usually needed too. Read "What to do in the weeks after a death in Spain" next.

Where do I get a death certificate and does it cost anything?

You can get a death certificate from the Registro Civil in person, online or by post, and the basic one is free. In person can be same day or a few days; online or postal requests take days to a couple of weeks. A full copy (literal) is mainly for use abroad. See "What to do in the weeks after a death in Spain".

Do I have to tell the pension office, and what if a payment arrives after the death?

Yes, you must tell the INSS or whoever pays the pension, and payments received after the month of death must be repaid. The bank usually returns them when the INSS asks. Read "What to do in the weeks after a death in Spain" and "What happens to a bank account when someone dies in Spain".

Will direct debits keep being charged once the bank knows?

No, once the bank has the death certificate it normally blocks the account and returns direct debits unpaid. Before that they keep being charged, so tell suppliers first. Unpaid returns can bring fees, so ask the bank which essential payments it will allow. See "Cancelling utilities and stopping direct debits after a death" and "What happens to a bank account when someone dies in Spain".

Which deadlines should I diarise first?

The first hard deadlines are 3 months for taking over a rental and claiming a survivor's pension, and 6 months for the final income tax return and inheritance tax. The certificates for wills and life cover can only be asked for after 15 working days. See "What to do in the weeks after a death in Spain" and "Your own situation after a spouse dies: home, health cover and residence".