Your own situation after a spouse dies: home, health cover and residence

Terms used

• Padrón — The padrón is the town hall's register of the people living in the municipality.
• NIE — The NIE is the identification number given to foreigners in Spain.
• TIE — The TIE is the physical residence card for foreigners in Spain.
• INSS — The INSS is Spain's national social security institute, which handles pensions and public health registration.
• Tomador — The tomador is the person who holds an insurance policy and pays its premiums.

Key rules

• Lease deadline: Tell the landlord in writing within 3 months of the death, or the lease ends.
• Health cover: You usually need to register in your own right to keep public care, or become the policyholder to keep private cover.
• Residence permit: A death does not cancel your permit automatically, but apply for the right follow-on permit before your card expires.
• Records: Update the padrón, traffic, property and utility records, and tell your embassy.

Your rented home: act within 3 months

If your spouse was the tenant of your home, you can take over the lease, but only if you tell the landlord in writing within 3 months of the death. Send the death certificate, proof of your relationship and a short statement saying who is taking over. The documents list below shows what to gather.

A spouse, or a partner who lived with the tenant as a couple, comes first. The partner needs at least 2 years of living together, or children in common. If you do not qualify or do not take over, others can do so: children under 18 or with a disability, parents, siblings over 65 or with a disability, and anyone who lived with the tenant for the previous 2 years. The law sets an order of priority among them.

If nobody gives notice in time, or nobody qualifies, the lease ends 3 months after the death. This applies to home leases. Business premises follow different rules.

Your health cover

Public system. If you were covered through your spouse, you do not lose care automatically. Ask the INSS (the national social security office) or your regional health service to register you in your own right and issue a new health card. You may qualify through a widow's pension or through the residence-based cover for people with no other cover. Whether you qualify depends on your residence status and any other cover you have.

Private insurance. If you were the policyholder, the policy carries on. If your spouse was the policyholder, you usually need to become the holder (tomador) and keep paying the premiums. An insurer cannot normally cancel just because the holder died, but the policy terms decide the details, so contact the insurer soon.

Your residence permit

Your permit is not cancelled automatically by the death. What happens next depends on the type of permit.

• Family member of a non-EU resident or of a Spanish national: you can apply for an independent permit (autorización independiente). Widowhood is accepted as a reason, and the application is easier if you have lived in Spain for some time.
• Family member of an EU citizen: you keep your right of residence if you had lived in Spain for at least 1 year before the death. Later you can apply for permanent residence.

Apply at the Oficina de Extranjería or the police station before your card expires. Do not let it lapse. Because the rules differ by permit type, get advice from the Oficina de Extranjería or a lawyer.

Update your records

• Town hall: ask it to remove your spouse from the padrón and update your household. The Registro Civil usually reports the death, but check.
• Policía Nacional or Oficina de Extranjería: review your status if your permit is as a family member, and ask about cancelling your spouse's NIE or TIE if needed.
• Traffic authority (DGT): update vehicle and driving licence records.
• Social security: health card and pension.
• Property records and utilities: update the owner or account holder.
• Your embassy or consulate: register the death.

The FAQ below answers common questions on health cover, permits and addresses.

Documents you need

• Death certificate, issued by the Registro Civil, to send to the landlord with your written notice if you take over the rented home.

• Proof of your relationship to the tenant, such as a marriage certificate or proof that you lived together as a couple, to send to the landlord with the notice.

• A written statement of who is taking over the lease, included in your notice to the landlord.

• Your residence card as a family member of the deceased, to show the Policía Nacional or Oficina de Extranjería when you review your status.

Frequently asked questions

Can I keep my health care if I was covered through my spouse?

Yes, you can usually keep public health care, but you may need to register with the INSS (Spain's social security office) in your own right. You may qualify through a widow's pension or through the residence-based cover for people with no other cover. If you were covered only as a dependent, ask the INSS or your regional health service for a new health card.

Does my private health policy continue if my spouse was the policyholder?

Usually yes, but you normally have to become the policyholder (tomador) and keep paying the premiums. The insurer cannot normally cancel the policy just because the holder died. Check your policy terms, as conditions depend on the policy.

Will my residence permit be cancelled if my spouse dies?

No, a family-member permit is not cancelled automatically by the death, but you should act before the card expires. If you are the family member of an EU citizen, you keep your right of residence if you had lived in Spain for at least 1 year before the death. Otherwise, widowhood is a ground for an independent permit, so ask the Oficina de Extranjería.

Who do I tell about my address and residence records after a death?

Start with your town hall (ayuntamiento) to update the padrón, the local residents' register. The death is usually passed on by the Registro Civil, but check it. If you hold a family-member residence card, also ask the Policía Nacional or Oficina de Extranjería to review your status.