Getting access to a deceased person's Spanish bank accounts

Key rules

• Freeze: Banks freeze the deceased's accounts once told of the death, so nothing is paid out until heirs prove who inherits.
• Inheritance tax: The bank wants proof that inheritance tax was filed and paid, or that you are exempt, before it releases money.
• Joint account: Spanish law gives the survivor no automatic ownership; half of a joint account is generally treated as the deceased's and passes to the heirs.
• Funeral costs: Banks may release money early to pay for the funeral if you show the invoice.

What happens when you tell the bank

Once the bank learns of the death, it freezes the deceased's accounts. Nobody can take money out until the heirs prove who inherits. Telling the bank is still the right first step, because it stops the account being used by mistake. A letter you can adapt is below.

How to get the money released

Release follows a fixed order. You collect the paperwork, sign the inheritance deed, deal with inheritance tax, then hand the full set to the bank.

• The heirs make the request. A representative, or the executor if the will gives them the powers, can do it for them. In that case, bring proof of those powers.
• The bank then pays each heir their share, or transfers it to the account each heir names.
• The documents list below shows exactly what to bring. The key piece is the notarial deed of acceptance and adjudication of the inheritance, which names the heirs.
• Inheritance tax must be filed and paid, or you must show proof of exemption. Rules differ by region, so the form depends on where the tax is due.

Check the set is complete before you hand it in. A missing paper is the most common cause of delay.

Small balances and funeral costs

If the balance is small, ask whether your bank accepts a simpler process. Some banks take an heirs' declaration and the tax receipt instead of the full deed. Policies vary by bank, so ask at your branch.

Banks may also release money early to pay for the funeral. You will need the funeral invoice.

How long it takes

Getting the documents takes longer than the bank does. The last-wills certificate, the notarial deed and the tax filing often take several weeks to months in total.

Once the bank has a complete set, it commonly releases the funds in about one to four weeks. Expect more time if:

• the bank's legal department has to review foreign documents,
• there are several heirs or minors,
• the account is at a branch other than the one where the heirs are clients.

Joint accounts

With a joint account (cuenta indistinta), each holder can use the whole balance as far as the bank is concerned. So the survivor may legally dispose of the money. In practice, banks usually freeze the account after being told of the death.

Spanish law gives no automatic right of survivorship. Unless someone proves otherwise, the money is presumed to belong equally to the holders. That means:

• Half is treated as the deceased's. It passes under the will, or the rules for dying without one, and inheritance tax applies to it.
• The survivor's own half is not taxed as inheritance.
• The bank often asks for the heirs' documents before releasing the deceased's half. The survivor may still be allowed to keep using their own share.
• The heirs can claim the deceased's half from the survivor. Money the survivor took after the death may have to be accounted for to the heirs.

The decision block below sets out your options for a joint account. If you are a survivor, avoid large withdrawals until the estate is sorted out. If you are an heir, ask the bank what it needs to release the deceased's half.

Use the checklist, timeline and documents list below to keep track of each step.

Choosing between options

How do you deal with a joint account after one holder dies?

• Survivor keeps using their own share: You are the surviving holder and the bank allows you to keep using your share while the deceased's half stays blocked.

• Heirs claim the deceased's half from the bank: You are an heir and can present the will certificate, tax proof and the other documents the bank asks for.

• Heirs claim the deceased's half from the survivor: The survivor has already taken money out after the death, or the bank will not release the deceased's half.

Funds are presumed to be owned equally unless someone proves otherwise, so half generally passes to the heirs and is subject to inheritance tax, while the survivor's own half is not taxed as inheritance.

Timeline and deadlines

• Collect the last-wills certificate, the notarial deed and the tax filing: before you go to the bank; often several weeks to months

• Hand the complete set of documents to the bank: once all documents are ready

• The bank releases the funds: commonly between 1 and 4 weeks after you hand in the complete set

• Allow extra time if the bank reviews foreign documents or there are several heirs or minors: on top of the usual 1 to 4 weeks

Check the current processing time with the branch handling the account.

Documents you need

• Death certificate, issued by the civil registry.

• Last-wills certificate from the Registro de Actos de Última Voluntad, the register that shows whether and where the person made a will.

• The will itself or, if there is no will, an acta de declaración de herederos, a notary's declaration of who the heirs are.

• Notarial deed of acceptance and adjudication of the inheritance (escritura de aceptación y adjudicación de herencia), naming the heirs.

• Proof that inheritance tax was filed or paid (modelo 650 in State territory, or the regional form), or proof of exemption.

• ID (DNI or NIE) and tax number of each heir.

• Life insurance certificate, where the person had life insurance.

• Invoice for the funeral, if you ask the bank to release money early to pay it.

Checklist

• Tell the bank about the death, knowing it will freeze the accounts.

• Gather the death certificate, last-wills certificate, will or declaration of heirs, and the heirs' IDs and tax numbers.

• Sign the notarial deed of acceptance and adjudication of the inheritance.

• File inheritance tax, or get proof of exemption, and keep the receipt.

• Ask the bank to pay each heir their share or transfer it to the account they name.

• If an executor with the right powers is acting, give the bank proof of those powers.

Letter notifying a Spanish bank of a death

Send this letter to each bank where the person who died held an account. Send it by post, by email, or hand it in at a branch and ask for a stamped receipt. Banks work in Spanish, so the Spanish version comes first. The English version below it is for your own understanding.

Spanish version (send this one)

Asunto: Comunicación de fallecimiento y solicitud de información de posiciones

[Ciudad], a [fecha]

A la atención del Departamento de Herencias / Atención al Cliente de [nombre del banco]:

Yo, [su nombre completo], con [DNI / NIE / pasaporte] número [número], en calidad de [heredero/a, albacea, cónyuge, familiar] de [nombre completo del fallecido/a], con [DNI / NIE / pasaporte] número [número], les comunico su fallecimiento el día [fecha de fallecimiento]. Adjunto copia del certificado de defunción.

Les solicito lo siguiente:

1. Que me confirmen todas las cuentas, depósitos, fondos de inversión, valores, cajas de seguridad, préstamos y tarjetas de los que fuera titular el/la fallecido/a en la fecha del fallecimiento, con sus saldos (certificado de posiciones).
2. Que me indiquen si existen otros titulares o personas autorizadas en esos productos.
3. Que me indiquen la lista de documentos que necesitan para liberar los fondos a los herederos.
4. Que no se realicen más movimientos en las cuentas, salvo los pagos que estén debidamente autorizados.

Mis datos de contacto son: teléfono [número], correo electrónico [correo], dirección postal [dirección].

Quedo a la espera de su respuesta.

Atentamente,

[Firma] [Nombre completo]

English version (for your understanding)

Subject: Notice of death and request for account information

[City], [date]

For the attention of the Inheritance Department / Customer Service at [bank name]:

I, [your full name], holder of [DNI / NIE / passport] number [number], as [heir, executor, spouse, relative] of [full name of the deceased], holder of [DNI / NIE / passport] number [number], am writing to tell you that they died on [date of death]. A copy of the death certificate is attached.

I ask you to:

1. Confirm all accounts, deposits, investment funds, securities, safe deposit boxes, loans and cards held by the deceased on the date of death, with their balances (a certificado de posiciones).
2. Tell me whether there are other holders or authorised persons on any of these products.
3. Send me the list of documents you need to release the funds to the heirs.
4. Make no further movements on the accounts, except for payments that are properly authorised.

My contact details are: phone [number], email [email], postal address [address].

I look forward to your reply.

Yours sincerely,

[Signature] [Full name]

Before you send it

• Keep a copy of the letter and proof that you sent it, such as the branch's stamped receipt or the postal receipt.
• Send one letter per bank. If the person held accounts at several banks, change the bank name each time.
• Expect the bank to ask for more papers before it releases any money. Its reply to point 3 tells you what they are.

Frequently asked questions

Can the surviving holder of a joint account keep using the money?

Yes, the survivor may be allowed to keep using their own share, but the bank usually freezes the account once told of the death.

Can the heirs claim the deceased's half of a joint account from the survivor?

Yes, the heirs can claim the deceased's share from the survivor, because Spanish law gives no survivorship right in joint accounts.

What slows down the bank once I have handed in all the documents?

Delays come mainly from the bank's legal department reviewing foreign documents, missing papers, several heirs or minors, or an account held at a branch other than where the heirs are clients. Check that the set is complete before you hand it in.

Can the bank pay for the funeral before the inheritance is settled?

Yes, banks may release funds earlier to pay funeral costs, but you need to present the funeral invoice. Ask the branch before you pay, so you know what they will accept.