What happens to a bank account when someone dies in Spain

Terms used

• Recibos — Recibos are direct debits, the automatic payments for bills and subscriptions taken from a bank account.
• Cuenta indistinta — A cuenta indistinta is a joint account where either holder can dispose of the funds alone.
• Cuenta conjunta — A cuenta conjunta is a joint account where both holders must sign for any operation.
• Declaración de herederos ab intestato — The declaración de herederos ab intestato is the official declaration of who the heirs are when there is no will.
• Escritura de aceptación y adjudicación de herencia — The escritura de aceptación y adjudicación de herencia is the notarial deed in which heirs accept and divide the estate.
• Modelo 650 — Modelo 650 is the national inheritance tax return; some regions use their own form.
• NIE — The NIE is the tax identification number Spain gives to foreigners.
• Seguro de decesos — The seguro de decesos is funeral insurance that covers funeral costs after a death.

Key rules

• Blocked account: 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.
• Direct debits: Recibos keep being charged until the bank is told, then they are returned unpaid, so cancel contracts first.
• Funeral costs: Paying the funeral from the account is bank practice, not a right, so confirm with the branch first.
• Complaints: If the bank stalls, start with a written complaint to its customer service, which must reply within 1 month.

What the bank does when it hears of the death

Once the bank knows of the death, it blocks the deceased's individual account. Money goes out only to the heirs, and only after they present the required documents. No court order is needed for the block. You will see these effects:

• No withdrawals.
• Cards are cancelled.
• Direct debits (recibos) are returned unpaid.

Until the bank is told, recibos keep being charged as normal. So tell suppliers and cancel contracts first, then tell the bank. Returned recibos can bring bank fees or claims from suppliers. Ask the bank which recibos it will still pay. Some banks will pay specific debts from the blocked balance on request.

Legally, the balance becomes part of the estate. Do not take money out yourself, for example with the deceased's card or PIN.

Joint accounts

The type of account decides what the surviving holder can do. Check which one it is in the contract.

• Cuenta indistinta: either holder can dispose of the funds. The survivor can legally use the money. The funds are presumed to belong equally to both holders unless someone proves otherwise. The heirs are entitled to the deceased's half.
• Cuenta conjunta: both holders must sign. After a death the survivor cannot act alone, and the deceased's share goes to the heirs.

In practice, many banks also block a cuenta indistinta when told of the death, until the heirs' documents are shown. The survivor can usually still withdraw their own half. Inheritance tax applies to the deceased's share. The heirs can dispute how the money is divided, and banks differ in how they handle this, so ask the bank what it will allow.

What heirs must show

Each bank sets its own list. Ask the branch or its inheritance department for the list in writing. Banks usually ask for these:

• The death certificate.
• A certificate from the last wills register. The Ministry of Justice issues it at least 15 working days after the death.
• A certificate of life insurance contracts that cover death.
• With a will: a certified copy of it.
• Without a will: a declaración de herederos ab intestato. This is a notarial act. If the heirs are not direct descendants, ascendants or a spouse, it is a court order.
• The escritura de aceptación y adjudicación de herencia, the notarial deed accepting and dividing the estate. For small balances, some banks accept a private division signed by all heirs.
• The inheritance tax return, Modelo 650 or your region's equivalent, showing the tax was paid or you are exempt.
• Your ID or NIE as an heir.

Some banks release small balances with less paperwork. Foreign heirs may need a Spanish NIE first. Foreign documents may need an apostille and a sworn translation. The documents list below sets these out.

Paying for the funeral

Many banks will pay a funeral home invoice from the deceased's individual account before the estate is settled. This is bank practice, not a legal right. You usually bring the death certificate, the original invoice and your own ID. The bank pays the funeral home by transfer, not cash to the family. The payment cannot exceed the balance, and some banks set a lower limit. Confirm with the branch before you pay the funeral home. Joint accounts can be handled differently. If the deceased had funeral insurance (seguro de decesos), that is often the easier route.

If the bank delays or refuses

Escalate in this order:

1. Send a written complaint to the bank's customer service (SAC). It must reply within 1 month.
2. If there is no reply, or the reply does not satisfy you, complain to the Banco de España once the bank has had 1 month to answer. In some cases the wait is 2 months. Its decisions are not binding.
3. Send formal notice through a notary (requerimiento notarial), then go to civil court if the bank still refuses.

Consumer associations and your town's consumer office (OMIC) can also help. A new independent body for financial complaints has been planned, so check whether it is working yet.

Use the template below to notify the bank in writing. The warning below covers the mistakes that freeze accounts or leave you liable.

Choosing between options

How can you get at the money in a joint account after one holder dies?

• Cuenta indistinta (either holder can dispose): Your contract lets either holder act alone. The survivor can legally dispose of the funds, which are presumed half each unless proved otherwise, and heirs are entitled to the deceased's half. In practice the bank often blocks the account until the heirs' documents are shown.

• Cuenta conjunta (both holders must sign): Your contract requires both signatures. The survivor cannot act alone, and the deceased's share goes to the heirs.

Check your account contract to see whether either holder can sign alone or both must sign. That decides whether the survivor can act, and the deceased's share goes to the heirs in both cases.

Timeline and deadlines

• Ask the bank in writing for its list of documents to release the funds: as soon as the bank knows of the death

• Request the last wills certificate and the life insurance certificate: once 15 working days have passed since the death

• Send a written complaint to the bank's customer service (SAC) if the bank delays or refuses: when the bank has your documents but does not pay

• Complain to the Banco de España if there is no reply or the reply does not satisfy you: after the bank has had 1 month to answer (2 months in some cases)

• Send formal notice through a notary, then go to civil court if the bank still refuses: if the complaints bring no result

Documents you need

• Death certificate (certificado de defunción).

• Certificate from the Registro de Últimas Voluntades (the last wills register), issued by the Ministry of Justice at least 15 working days after the death.

• Certificate of life insurance contracts that cover death (Seguros de cobertura de fallecimiento).

• If there is a will: a certified copy of it (copia autorizada).

• If there is no will: the declaración de herederos ab intestato, a notarial act, or a court order if the heirs are not direct descendants, ascendants or the spouse.

• Escritura de aceptación y adjudicación de herencia, the notarial deed accepting and dividing the estate. For small balances some banks accept a private division signed by all heirs.

• Inheritance tax return (Modelo 650 or your region's equivalent) showing the tax was paid or that you are exempt.

• Your ID or NIE as an heir. Foreign heirs may need to get a Spanish NIE first.

• Foreign documents, such as a foreign will, with an apostille.

• Sworn translation of foreign documents into Spanish.

Checklist

• Ask the bank in writing for its list of documents needed to release the funds to the heirs.

• Bring the death certificate and your ID or NIE when you tell the bank about the death.

• Check whether the deceased had funeral insurance (seguro de decesos), which is often the easier way to pay.

• Ask the branch whether it will pay the funeral home invoice from the account, and what limit and documents it needs, before you pay the funeral home.

• Ask the bank which direct debits (recibos) it will still pay and which it will return.

Mistakes that freeze accounts or leave you liable after a death

Mistakes that freeze accounts or leave you liable

• Taking money from the account yourself: Withdrawing money from the deceased's account or using their card after death can count as accepting the inheritance. That can make you liable for their debts, possibly beyond what the estate holds. Do not use the money for yourself. Paying funeral costs or urgent upkeep of property is fine. Take legal advice before touching any of the funds.

• Not telling the bank: If the bank is not told, pensions paid after the death must be returned and the account gets blocked later anyway. Notify the bank with the death certificate as soon as you can, and tell the Seguridad Social, the state pension office, so no pension is overpaid.

• Telling the bank but leaving direct debits running: Once the bank blocks the account, direct debits (recibos) are returned unpaid. Fees pile up and suppliers may claim. Tell suppliers and cancel contracts first. Ask the bank whether it will pay funeral invoices or specific debts from the blocked balance.

• Cancelling home insurance or utilities too early: Cancelling the home insurance or supplies too soon can leave the property uninsured or without power or water. Cancel only what you no longer need, and keep the insurance until the home's future is settled. Keep the lease, community fees and IBI (local property tax) up to date.

• Ignoring a joint account: A joint account may be frozen for the co-holder or fall under inheritance rules. Ask the bank in writing how the joint account will work for the surviving holder.

• Paying for charges that are not yours: A relative does not automatically owe charges that arise after the death. You become liable if you sign or take over the contract, or accept the inheritance. Services you keep using in the home can also lead to a claim. Cancel contracts promptly. If there are debts, ask a lawyer about accepting with a notarial inventory, which limits liability to the estate's assets, or about renouncing before a notary.

• Missing the tax deadline: Missing the 6 months deadline for the inheritance tax return brings surcharges and interest. Start gathering documents early so you can file within 6 months of the death.

Template: letter notifying a bank or utility of a death

Send one letter per bank or utility, by email, in branch or through the customer area. Keep a copy and ask for a receipt or a reference number. Many entities prefer their own form, so ask for it too, but the letter below works as a first notice.

Letter in Spanish (to send)

Asunto: Comunicación de fallecimiento del titular – [nombre completo del fallecido]

Estimados señores:

Les comunico el fallecimiento de [nombre completo del fallecido], con DNI/NIE [número], ocurrido el [fecha] en [localidad y país].

Soy [su nombre completo], con DNI/NIE/pasaporte [número], [relación: cónyuge / hijo/a / heredero/a / otro] del fallecido. Mi teléfono es [teléfono] y mi correo electrónico es [correo].

El fallecido era titular de [cuenta / contrato / póliza] número [número, si lo conoce]. Les solicito que:

1. Dejen constancia del fallecimiento en sus registros.
2. Bloqueen los productos a nombre del fallecido y no tramiten nuevos adeudos.
3. Me indiquen por escrito qué documentación necesitan para tramitar la herencia o, en su caso, el cambio de titular o la baja del contrato.

Adjunto el certificado de defunción y mi documento de identidad.

Atentamente, [Nombre y firma] [Fecha]

Same letter in English (to understand what you are sending)

Subject: Notification of death of the account holder – [full name of the deceased]

Dear Sir or Madam,

I am writing to inform you of the death of [full name of the deceased], ID/NIE [number], on [date] in [town and country].

I am [your full name], ID/NIE/passport [number], the deceased's [spouse / child / heir / other]. My phone is [phone] and my email is [email].

The deceased held [account / contract / policy] number [number, if known]. Please:

1. Record the death in your files.
2. Block the products in the deceased's name and not process further debits.
3. Tell me in writing what documents you need to settle the estate or, if it applies, to change the holder or cancel the contract.

I attach the death certificate and my ID.

Yours faithfully, [Name and signature] [Date]

What to attach

With every letter:

• The death certificate (certificado de defunción).
• Your ID or passport.
• Proof of your relationship, such as a family book or marriage certificate.
• The account, contract or policy number, if you have it.

For utilities (electricity, gas, water):

• To cancel the contract, the death certificate and your ID are usually enough.
• To change the holder (cambio de titular), add the new holder's ID and bank details, the property's address and supply code (CUPS for electricity and gas), and proof that the new holder owns or rents the home, such as a lease, title deed or recent bill.
• Some suppliers also ask for the will or the declaration of heirs if you are an heir.

Do not send these with the first letter. Banks ask for them later, when the heirs claim the money. Ask the bank for its list in writing.

• The Last Wills Registry certificate, which can be requested at least 15 working days after the death.
• The will, or the declaration of heirs if there is no will.
• The deed of acceptance and distribution of the inheritance.
• The inheritance tax return, showing payment or exemption.

Before you send it

• Fill in every bracket. Delete the options that do not apply.
• Each bank and utility sets its own checklist. Water is run by local operators, so its rules vary by town.
• Small balances are sometimes released with less paperwork. Ask the branch.

Frequently asked questions

Can I pay the funeral from the deceased's bank account?

Yes, many banks will pay a funeral home invoice from the deceased's account, but this is bank practice and not a legal right. You usually show the death certificate, the original invoice and your ID, and the bank pays the funeral home by transfer, not in cash. Payment is capped at the balance, and some banks set a lower limit, so check with the branch first.

Can the surviving holder of a joint account withdraw money?

Yes, in an indistinct account (either holder can dispose) the survivor can legally withdraw, but the funds are presumed to belong half to each holder. In practice the bank often blocks the account until the heirs' documents are shown, and then the survivor can usually take their own half. Heirs are entitled to the deceased's half and can dispute the division.

What can I do if the bank refuses to release the money?

Start with a written complaint to the bank's customer service (SAC), which must reply within 1 month. If it does not reply or you are not satisfied, you can complain to the Banco de España, Spain's central bank, whose decisions are not binding.

Do foreign heirs need anything extra to claim a Spanish bank account?

Yes, foreign heirs may need a Spanish NIE, the foreigner's tax number. Foreign documents such as a will may also need an apostille and a sworn translation. Ask the bank in writing for its exact list before you order them.