Without this document nothing moves in a Spanish inheritance. The notary, the bank and the Land Registry will not take a step until they see it. The good news is that it is one of the simplest formalities in the whole process, and anyone can apply for it.
In this article
What it is and what it says
The certificate of last wills (certificado de actos de última voluntad) is issued by the Spanish Ministry of Justice and states whether a person made a will and before which notary. If they made several, the one that counts is the last.
What it does not tell you is what the will says. The certificate gives you the notary before whom it was signed. To learn the content you have to go to that notary's office and ask for a copy.
When you can apply
Not on the day itself. The application cannot be filed until 15 working days have passed, counted from the day after the death. Saturdays, Sundays and public holidays do not count, and the holidays that apply are the national ones and those of the Madrid region, where the General Registry of Last Wills is based. In practice it is about three weeks.
That time is not wasted. Use it to obtain the death certificate and gather the deceased's papers: deeds, bills, details of accounts and insurance.
How to apply
There are three routes and all three end in the same certificate.
- Online. Through the Ministry of Justice's online office, with a Spanish digital certificate or electronic ID card. It must be your own, not the deceased's. The system checks the death against the Civil Registry database, you pay the fee online and download the certificate once it is ready. If it cannot find the death record, you will have to use one of the other two routes.
- In person. At the Ministry of Justice's regional offices (Gerencias Territoriales) or, in Madrid, at the central citizens' office, by appointment. It is normally issued on the spot, although it can take a little longer, generally no more than three working days.
- By post. By sending the application to Registro General de Actos de Última Voluntad, Ministerio de Justicia, Plaza Jacinto Benavente, 3, 28012 Madrid. The general issue time is 10 working days from receipt, and it is posted to the address you give on the form.
What you need
- Form 790, code 006. This is both the application and the fee payment slip. You can download it from the Ministry's website or pick it up free at the regional offices.
- Proof that the fee has been paid. It can be paid at any collaborating bank or through online banking.
- The full death certificate, original or certified copy, showing the names of the deceased's parents. You do not need to submit it if the death occurred after 2 April 2009 and is not recorded at a local magistrate's court (juzgado de paz). In that case it is enough to give the deceased's DNI or NIE number.
You do not have to prove you are an heir. Anyone who has the documents and pays the fee can apply.
What it costs
The fee is €3.86. Pay the exact amount: if you get the figure wrong, the bank cannot refund it and a refund claim has to be opened.
"The certificate does not tell you what your relative wrote down. It tells you whether they wrote anything down, and which notary to go to for it."
Ask for the insurance certificate at the same time
The same form is used for another certificate many people have never heard of: the certificate of life insurance contracts (certificado de contratos de seguros de cobertura de fallecimiento). It states whether the deceased was the insured person under any life policy or accident policy covering death, and with which insurer. If there was none, it says that too.
It carries the same fee, €3.86, and the same 15 working days. It is always worth asking for, because there are policies tied to a mortgage, a credit card or an employer that the family knows nothing about. Two warnings: it does not cover every kind of policy (those funding company pension commitments are left out, for example) and the data is only available for five years from the death.
What you do next
The certificate opens one of two paths, depending on what it says.
- If there is a will, you ask for an authorised copy from the notary named on the certificate, or from whoever holds their records today if they have retired. That copy is the document on which the estate is accepted and divided. For the kinds of will, see types of will.
- If there is no will, the certificate will say so and a declaration of heirs has to be obtained before a notary, to establish who inherits under the law. We explain it step by step in inheritance without a will.
After that come the inventory, the deed of acceptance, the taxes and the transfer of the assets. Banks will ask for this certificate together with the death certificate before giving you any information on the accounts (see frozen bank accounts), and the tax has its own deadline, which runs from the date of death: it is in inheritance tax in Valencia. For an idea of how long the whole process takes, read how long it takes to receive an inheritance.
One last point for families with assets or heirs outside Spain: if the certificate is going to be used abroad, it has to be legalised. Say so when you apply.
Frequently asked questions
When can I apply for the certificate of last wills?
Once 15 working days have passed from the day after the death, not counting Saturdays, Sundays or national and Madrid regional holidays.
How much does it cost?
The fee is €3.86. The certificate of life insurance contracts carries the same fee.
Who can apply?
Anyone. You do not need to be an heir or a relative, only to provide the documents and pay the fee.
Does the certificate say what is in the will?
No. It says whether there is a will and before which notary. You learn the content by asking that notary for an authorised copy.