What to claim from social security after a death

Terms used

• INSS — The INSS is the Instituto Nacional de la Seguridad Social, the national body that decides and pays social security benefits.
• Registro Civil — The Registro Civil is the civil registry where births, marriages and deaths are officially recorded.
• Auxilio por defunción — The auxilio por defunción is a small lump-sum death grant toward funeral costs.
• Viudedad — The viudedad pension is the monthly survivor pension paid to a widow, widower or eligible registered partner.
• Cita previa — A cita previa is an appointment you book in advance before visiting a public office.
• Reclamación previa — A reclamación previa is a required first administrative complaint against a rejected claim, before going to court.
• CAISS — A CAISS is a social security service centre where you can file claims in person.

Key rules

• Claim deadline: You can claim a survivor pension within 5 years of the death, but 3 months decides how far back payment goes.
• Who pays: The INSS handles survivor pension claims, online or in person with an appointment.
• Death grant: The death grant goes to whoever paid the funeral, with priority for the surviving spouse.
• Short marriages: A marriage under 2 years with no children together may still give a temporary pension for 2 years.

Start with the paperwork, then claim

Social security claims come after the first formalities. Do these in order:

1. A doctor issues the medical death certificate.
2. The death is registered at the Registro Civil, usually by the funeral home, within 24-72 hours. The registry then issues the death certificate.
3. Order certified copies of the death certificate, the Last Will certificate and the death cover insurance certificate. Request the last two 15 working days after the death.
4. Tell the INSS and anyone paying the person a pension. Return any pension payments received after the death.
5. Tell the bank. It will freeze the accounts until the inheritance paperwork is done.
6. Claim the survivor pension.

The documents and checklist below give the detail. If the death happened abroad, registration goes through the Spanish consulate or the Spanish civil registry, so ask them first.

Who you claim from

The INSS handles every survivor claim. You can file in two ways:

• Online, through the Seguridad Social electronic office, with a digital certificate, Cl@ve or electronic ID.
• In person, at a CAISS office. You usually need a cita previa, which you can book online or by phone on 901 16 65 65 or 91 541 21 39.

If you live abroad, you can file through a Spanish consulate or a foreign liaison body.

The death grant

The auxilio por defunción is a lump sum toward funeral costs. It is a small fixed amount of 46.50 euros, so do not expect it to cover the bill. It goes to the person who paid the funeral. A surviving spouse has priority, then relatives who lived with the person who died. It applies when the person who died was insured or receiving a pension.

Survivor pensions

The INSS pays the viudedad pension to a surviving spouse. After the 2023 reform, registered partners who meet equivalent conditions can claim too. The comparison below shows how benefits differ by relationship.

If you were married for under 2 years and have no children together, you may still get a temporary widow's pension, paid for 2 years. This needs the person who died to have paid in the required 500 days within the last five years.

Time limits

You have 5 years from the death to claim. Claim within 3 months and payment is backdated to the day after the death. Claim later and payment goes back only 3 months before your application. So file early, even if some papers are still missing.

If the INSS says no

Ask for a reclamación previa, a prior administrative claim, against the decision. If that fails, you can go to the social courts.

Survivor benefits by relationship compared

Each relationship is assessed on its own, so the amount you receive and the conditions you must meet depend on how you were related to the person who died.

Ask your local social security office about each line that applies to you, and ask for the conditions and the amount in writing. Bring the death certificate in every case.

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Note for the editor: this request had no supplied answers, claims or rules, so this unit has no figures or eligibility conditions. The side-by-side view of what each relationship receives needs those inputs before it can meet its obligation.

Timeline and deadlines

• Get the medical death certificate from a doctor: at the time of death

• Claim the survivor pension; payment then goes back only 3 months before your application: after 3 months, up to 5 years from the death

• If you were married under 2 years with no children together, claim the temporary widow's pension, paid for 2 years: same time limits as the survivor pension

Documents you need

• Medical death certificate, issued by the doctor who confirms the death. You need it for the civil registry.

• Death certificate (certificado literal de defunción), issued by the Registro Civil, the civil registry, after the death is registered. Order certified copies, as you will need one for each office.

• Last Will certificate (Registro de Actos de Última Voluntad). Request it 15 working days after the death.

• Certificate of death cover insurance (Seguros de cobertura por fallecimiento). Request it 15 working days after the death.

Checklist

• Register the death at the Registro Civil, usually through the funeral home, and get the death certificate.

• Notify the INSS (Instituto Nacional de la Seguridad Social, the national social security institute) and anyone paying a pension to the person who died.

• Choose how to file the survivor pension claim with the INSS: online at the Seguridad Social electronic office with a digital certificate, Cl@ve or electronic ID, or in person at a CAISS office.

• Claim the death grant (auxilio por defunction) if you paid the funeral costs; a surviving spouse has priority.

• If the INSS rejects your claim, file a reclamación previa, a prior administrative claim, before going to the social courts.

Quick answers on survivor pensions

How long must a marriage last to get a widow's or widower's pension?

The marriage must have lasted at least 1 year if the death was from common illness. That minimum does not apply if the death was from an accident or occupational disease, if you have a child together, or if your cohabitation plus marriage add up to 2 years.

Do I lose the survivor pension if I remarry?

No, remarriage or a new partnership no longer ends the widow's or widower's pension for most people. You usually keep it if you are over 61, have a disability, have low income or dependent children, and the pension is your main income. If you do lose it, you may be able to recover it if the new marriage ends.

Do I need Spanish nationality to get a survivor pension?

No, Spanish nationality is not required for a survivor pension. What counts is the contribution record of the person who died and your relationship to them. The pension can be paid abroad, but top-up payments for low pensions require you to live in Spain.

Until what age is an orphan pension paid?

The orphan pension is paid until the child turns 21, or up to 25 if the orphan's income is below the minimum wage. A child with a disability of 33% or more has no age limit while income stays under the yearly minimum wage limit. The pension generally ends if the orphan marries.