What to do in the weeks after a death in Spain

Terms used

• Certificado de defunción — The certificado de defunción is the official death certificate issued by the Registro Civil.
• Registro Civil — The Registro Civil is the civil registry where births, marriages and deaths are recorded.
• Decesos — Decesos is a funeral insurance policy, where the insurer often organises and pays for the funeral.
• INSS — The INSS is the national social security institute that pays pensions.
• Últimas Voluntades — The Últimas Voluntades certificate shows whether the deceased made a will and before which notary.
• Declaración de herederos — The declaración de herederos is a notary document naming the legal heirs when there is no will.
• Viudedad — Viudedad is the survivor's pension paid to a surviving spouse or partner.
• Plusvalía — The plusvalía is a municipal tax on the increase in land value when property is transferred.

Key rules

• Wills and insurance certificates: You can request them only once 15 working days have passed since the death.
• Tax returns: The final income tax return and the inheritance tax return are each due within 6 months of the death.
• Survivor's pension: Claim within 3 months to avoid losing back payments.
• Death certificate copies: Order several copies, because banks, insurers and offices each keep one.
• Pension payments: Report the death to the INSS quickly, because payments made after the month of death must be returned.

The order to follow

Do the urgent things first, then collect certificates, then deal with money and tax. The timeline below shows the full sequence. This page explains the order and the deadlines that matter most.

In the first hours and days

1. Get the doctor's medical death certificate. Everything else starts from it.
2. Call the funeral home, or the decesos insurer. If the person had a decesos policy, the insurer often organises the funeral itself, so call it quickly with the policy and the certificate.
3. Let the funeral home register the death. It normally does this with the Registro Civil within 24 hours. Burial or cremation is not allowed before 24 hours have passed and generally happens within 48 hours.

In the first week or two

Order several copies of the death certificate (certificado de defunción). Banks, insurers, the Seguridad Social, notaries, utilities and landlords all ask for one. Basic certificates are free. You can ask in person at the Registro Civil, online through the Ministry of Justice, or by post. In person can be same day or a few days. Online usually takes days to a couple of weeks. Ask for the literal version (a full copy of the entry) only if an office or a foreign authority asks for it.

Tell the INSS, or whoever pays the pension. If the person received a pension, report the death so payments stop. Payments received after the month of death must be returned. The bank usually sends them back when the INSS asks, and any shortfall is claimed from the heirs or the account.

Tell the insurers. Contact life, funeral, home, car and health insurers soon after the death.

• Life policies: you will need the death certificate, the policy, your ID and the two Ministry of Justice certificates below. If no beneficiary is named, you will also need the will or the declaración de herederos.
• Home and car policies continue, but may need a change of policyholder.
• Health policies are cancelled, and premiums are refunded where applicable.
• Many policies ask you to report a death within about 7 days. The legal time to claim life insurance is generally 5 years.

After 15 working days: the two Ministry of Justice certificates

You can ask for the Últimas Voluntades certificate, and the certificate of death-cover insurance contracts, only once 15 working days have passed since the death. They are usually requested together.

• The Últimas Voluntades certificate shows whether a will exists and before which notary it was made.
• The insurance certificate lists the insurers where the person held life or death-cover policies. It does not show amounts or beneficiaries.
• You need the death certificate and the application form Modelo 790 (código 006), plus a small fee, currently a few euros. Check the amount with the Ministry of Justice.
• Apply in person, by post, or online with a digital certificate or Cl@ve. The insurance certificate usually arrives within about 10 working days.

The estate: notary, banks and heirs

• With a will: take the will and the certificates to a notary to accept and divide the estate.
• Without a will: the notary handles the declaración de herederos, which names the heirs.
• Banks: tell each bank about the death early, then ask for its inheritance department's list of documents. To release funds it will want the Últimas Voluntades certificate, a copy of the will or the declaración de herederos, and proof of your relationship (the libro de familia, or marriage and birth certificates).
• Tell utilities and landlords too, and move contracts to the right name.

Survivor's pension

Claim the survivor's pension (viudedad) within 3 months of the death. After that, back payments are generally limited to 3 months. Take the death certificate, your ID and proof of your relationship to the INSS.

Taxes: the 6-month deadline

Three filings are each due within 6 months of the death:

• The deceased's final income tax return (IRPF). It covers 1 January to the date of death. The heirs file it with the Agencia Tributaria (AEAT). The surviving spouse cannot file jointly with the deceased for the year of death. An extension is not automatic.
• The inheritance tax return. The region where the person lived administers it, and the rules differ by region. You can ask for 6 more months, but you must ask within the first 5 months.
• Municipal plusvalía. It applies to property in the estate. The same 6 months apply, and you can also ask for 6 more.

Do not leave these to the last month. They depend on the notary's paperwork and the certificates above, and a gestor or tax adviser can save you time.

If you need the certificate abroad

Which route to use depends on the receiving country, so ask the foreign office what it accepts.

• Hague Convention countries: the certificate needs an apostille from the Ministry of Justice. Some countries want the literal version.
• Countries in the 1976 Vienna Convention: ask the Registro Civil for a plurilingual extract. It needs no translation or legalisation.
• Otherwise, add a sworn translation (traductor jurado) into the destination language after the apostille.
• Between EU states, apostilles are not needed for certain documents, including death certificates.

Timeline and deadlines

• Get the doctor's medical death certificate and call the funeral home or the decesos insurer: within the first hours

• Tell the INSS or the body paying the pension so payments stop: as soon as you have the death certificate

• Notify life, funeral, home, car and health insurers: soon after the death; life policies usually ask for notice within 7 days

• Ask for the last wills certificate and the death-cover insurance certificate, usually together: once 15 working days have passed since the death; the insurance certificate usually arrives in about 10 working days

• Go to a notary with the will, or for the declaración de herederos if there is no will: after you receive the last wills certificate

• Claim the survivor's pension (viudedad): within 3 months of the death, otherwise back payments are limited to 3 months

• Ask for more time on inheritance tax or plusvalía if you need it: inheritance tax: ask within the first 5 months for 6 more months; plusvalía: 6 more months on request

• Claim life insurance: generally within 5 years

Documents you need

• Death certificate (certificado de defunción) from the Registro Civil, as issued. Banks, insurers, the Seguridad Social, the tax office, utilities, landlords and notaries all ask for it, so get several copies. Basic certificates are free.

• Literal death certificate (full copy of the entry) from the Registro Civil, only if an office or a foreign authority asks for it instead of the standard one.

• Last wills certificate (Últimas Voluntades) from the Ministry of Justice. It shows whether a will exists and before which notary. Notaries and heirs ask for it. You apply with the death certificate and Modelo 790 (código 006) with the small fee paid.

• Certificate of death-cover insurance contracts from the Ministry of Justice. It lists the insurers where the deceased had life or death-cover policies, not the amounts or beneficiaries. Insurers ask for it when you claim.

• Family book (libro de familia) or marriage and birth certificates, to prove your relationship to the deceased. They usually go with the declaración de herederos or the will.

• Death certificate with an apostille, if the certificate will be used in a country in the Hague Apostille Convention.

• Sworn translation (traductor jurado) of the apostilled certificate into the destination language, if that country does not accept the Spanish one as it stands.

Who to notify after a death in Spain, and what each needs

Who to notify and what each needs

• Register the death with the Registro Civil (civil registry) using the medical death certificate and the deceased's ID, or let the funeral home do it for you.

• Ask the Registro Civil for the death certificate (certificado de defunción). Get several copies, because most institutions below ask for one.

• Tell the Seguridad Social (INSS) with the death certificate, your ID and the family book (libro de familia) or marriage certificate, to claim widow or orphan pensions and to stop the deceased's own pension.

• Order the Últimas Voluntades certificate (the register that shows whether a will exists) from the Ministry of Justice, using the death certificate.

• Order the certificate of death-cover insurance contracts from the Ministry of Justice, which shows any life or death-cover policies.

• Tell each bank about the death with the death certificate, and ask the branch or inheritance department for its full list in writing.

• Give the bank, when funds are to be released, the Últimas Voluntades certificate, a certified copy of the will or the declaración de herederos (the notarial declaration of who the heirs are), the deed accepting and dividing the inheritance, the inheritance tax return showing payment or exemption, and your ID or NIE.

• Send life insurers the death certificate, the policy, your ID and both Ministry of Justice certificates.

• Tell home and car insurers to change the policyholder, and tell health insurers to cancel the policy and refund any premiums due.

• Contact the electricity, gas and water suppliers with the death certificate and your ID to cancel the contract or change the holder.

• Give the supplier, for a change of holder, the new holder's ID and bank details, the CUPS supply code for electricity and gas, and proof you own or may live in the home, such as a lease, title deed or recent bill.

• Tell telecoms companies and the landlord with the death certificate and the ID of the person taking over.

• File the inheritance tax return (Modelo 650 or your region's equivalent) and the final income tax return with the tax agency (AEAT) and the regional tax office.

• Tell the Ayuntamiento (town hall) to update the padrón (local residents' register) and property taxes.

• Register the inherited property at the Property Registry with the title deed of inheritance.

Frequently asked questions

Can I use a Spanish death certificate in another country?

Yes, but the receiving country decides how the certificate must be prepared. Countries in the Hague Apostille Convention need an apostille, and some ask for the literal version, meaning the full copy of the entry. Countries in the Vienna Convention accept a plurilingual extract with no translation, and otherwise you need a sworn translation (traductor jurado) after the apostille.

What happens if the pension is paid after the pensioner has died?

Pension payments received after the month of death are undue and must be paid back. In practice the bank returns them when the INSS asks, and any shortfall is claimed from the heirs or the account. The registry often tells the INSS directly, but tell it yourself too.

How long do I have to claim a life insurance payout?

You generally have 5 years to claim life insurance, but the policy usually asks you to report the death within 7 days. If there is no named beneficiary, the insurer will usually ask for the declaración de herederos (the document naming the heirs) or the will.

Does the surviving spouse file a joint tax return in the year of death?

No, the final return of the deceased is filed separately by the heirs for the period from 1 January to the date of death. The survivor may be able to file jointly in later years in some cases. The final return does not include income received after the death.