Wills registry (Registro de Actos de Última Voluntad) and will types

Terms used

• Testamento abierto — The testamento abierto is an open will made before a notary, who keeps the original.
• Testamento cerrado — The testamento cerrado is a will delivered sealed to a notary, who does not read it.
• Testamento ológrafo — The testamento ológrafo is a will handwritten entirely by the person making it, without a notary.
• Certificado de últimas voluntades — The certificado de últimas voluntades is the registry certificate showing whether a dead person left a will, its date and the notary.

Key rules

• Registry content: The registry records notarial wills, not foreign ones, unless a Spanish notary or consul handled them.
• Usual will: The open will made before a notary is the usual form in Spain.
• Handwritten will: A handwritten will must be verified by a court within five years of death.
• Certificate: Heirs get the certificate of last wills to find the notary who holds the will.

The three kinds of Spanish will

Spanish wills are open, closed or handwritten. The open will is by far the usual one.

• Open will (testamento abierto): you make it before a notary, who keeps the original. This is the form most people use.
• Closed will (testamento cerrado): you write it, then deliver it sealed to a notary. The notary does not read it.
• Handwritten will (testamento ológrafo): the person writes it entirely by hand, with no notary. After death, a court must verify it within five years.

Other special forms exist, such as military, maritime and in danger of death. They are rare.

These are the rules of the common Civil Code. Catalonia, Navarre and the Basque Country have their own civil law, so details can differ there. Ask a notary in that region.

What the wills registry does

The central registry (Registro General de Actos de Última Voluntad) is run by the Ministry of Justice. It does not store the will itself. It records that a will exists, its date and which notary authorised it. That lets heirs find the notary who holds the original.

Every will made before a Spanish notary is recorded. A handwritten will is not made before a notary, so it does not appear unless it was later formalised by one.

Wills made abroad

A will made abroad is generally not recorded in the Spanish registry.

Spain also exchanges information with foreign registries. The Spanish certificate can show wills registered in countries that belong to the Basel Convention on registration of wills or to the European network of wills registers. If you own property in Spain and have a will abroad, ask a Spanish notary whether a separate Spanish will makes sense.

How heirs find a will

Heirs ask for a certificate of last wills (certificado de últimas voluntades). Anyone with a legitimate interest can apply. You need the death certificate, and you cannot apply until 15 working days after the death.

The certificate shows whether the person left a will, its date, the notary who authorised the latest one, and any earlier wills. Once you have it, contact that notary to get a copy of the will. The steps, documents and fee are in the timeline, documents and checklist below.

If the will is handwritten, remember the court verification deadline of five years from the death.

Timeline and deadlines

• Request the certificate with form 790 (código 006) and the death certificate, in person at a Ministry of Justice office, by post, or online with a digital certificate: from the 16th working day after the death

Documents you need

• Certificate of last wills (certificado de últimas voluntades), issued by the Registro General de Actos de Última Voluntad, run by the Ministry of Justice. It shows whether the deceased left a will, its date, the notary who authorised the latest one, and any earlier ones.

• Death certificate of the deceased, which you must supply with your application. You cannot apply until 15 working days after the death.

• Application form 790 (código 006), with the fee, which was about 3.74 euros in 2025.

Checklist

• Find out whether the will is open (made before a notary), closed (delivered sealed to a notary) or handwritten by the person who died.

• Get the death certificate of the deceased.

• Wait until 15 working days after the death before you apply.

• Request the certificate of last wills with form 790 (código 006), in person, by post or online with a digital certificate.

• Read the certificate for the date of the will and the notary who authorised the latest one, then ask that notary for a copy.

• If the will is handwritten, take it to court for verification within five years of the death.

Frequently asked questions

Does the Spanish wills registry record a will I made abroad?

No, a will made abroad is generally not recorded in the Spanish registry, unless a Spanish notary protocolises it or it was made before a Spanish consul. Those two cases are communicated to the registry.

Which type of Spanish will is the usual one?

The open will, made before a notary, is by far the usual form in Spain.