What Is the Certificate of Last Wills in Spain?
- It is an official record that lists the last valid will granted before a Spanish notary by a deceased person.
- If there are several wills, the certificate identifies the most recent one (the only will that normally has effect).
- If no will is recorded, the certificate confirms “no will,” enabling intestate succession proceedings.
Note: The certificate does not provide a copy of the will. It only states whether a will exists and which notary holds it.
Who Can Request It?
- Immediate family members and heirs (spouse/partner, children, parents, siblings).
- Executors or attorneys with a valid power of attorney.
- Creditors or other parties with a legitimate interest (must justify interest).
- Foreign applicants are allowed; representation by a Spanish lawyer or gestor is common.
When Can You Apply?
- You must wait at least 15 working days from the date of death.
- “Working days” exclude weekends and Spanish national holidays.
Documents You Need
- Literal death certificate (certificado literal de defunción).
- Issued by the Spanish Civil Registry where the death was registered, or
- If the death occurred abroad: a foreign death certificate duly legalized/apostilled and, where applicable, with a sworn Spanish translation.
- Applicant’s ID (passport, DNI, NIE).
- If applying through a representative: power of attorney and representative’s ID.
- Proof of payment of the administrative fee (typically processed through the online form).
Fees
- A small administrative fee applies (commonly a few euros).
- When applying online, the fee is paid electronically during the application (e.g., by card).
- Keep the payment receipt for your records.
How to Request the Certificate Online (Step by Step)
1. Prepare your documents
- Obtain the literal death certificate and ensure 15 working days have elapsed since the date of death.
- Have a clear, legible scan (PDF) of the death certificate.
- Prepare ID documents and, if applicable, power of attorney.
2. Access the Ministry of Justice e-Office
- Go to the Spanish Ministry of Justice’s sede electrónica and select “Certificado de Actos de Última V oluntad.”
- Create an account or sign in using a digital certificate, electronic DNI, or Cl@ve credentials.
- If you do not have Spanish eID credentials, consider appointing a representative in Spain.
3. Complete the online form
- Enter the deceased’s full name, date and place of birth, and date of death exactly as they appear on the death certificate.
- Upload the death certificate (and translation/apostille when applicable).
- Provide your contact details for notifications.
4. Pay the fee
- Pay online through the platform’s secure payment gateway.
- Save the confirmation.
5. Submit and track
- Submit the application and note the reference number.
- You may receive updates by email or within your e-office account.
6. Receive the certificate
- The certificate is usually issued electronically (PDF) or made available for download in your account.
- If a will exists, the certificate will identify the notary and date of the last will.
- If no will exists, it will state that fact.
Processing Times
- Online requests are often processed within a few business days, though times vary by workload and completeness of your documentation.
- Errors in the personal data or illegible documents commonly cause delays.
What If the Certificate Shows a Will Exists?
- Contact the notary indicated in the certificate to request an authorized copy of the will (copia autorizada).
- You must prove your interest: typically, provide your ID, the death certificate, and the Certificate of Last Wills.
- If the notary has retired or passed away, the certificate or the Notarial Chamber will indicate the successor notary or protocol archive that holds the records.
- Review the will’s terms and proceed with acceptance of inheritance (aceptación de herencia) and subsequent registration of assets, as needed.
What If the Certificate Shows No Will?
- The estate falls under intestate succession.
- Initiate a notarial proceeding for “declaración de herederos abintestato” before a competent Spanish notary, providing family relationship evidence and witnesses as required.
- Once heirs are declared, proceed with the partition and acceptance of the estate.
Common Issues and How to Avoid Them
- Mismatched names or dates: Ensure the deceased’s personal data exactly matches the death certificate.
- Early filing: Wait the full 15 working days after the date of death.
- Unreadable scans: Use high-quality scans; include all pages, stamps, and margins.
- International deaths: Make sure foreign documents are apostilled/legalized and translated by a sworn translator where required.
- No Spanish eID: Use a Spanish representative with valid eID credentials to file online.
Data Protection and Privacy
- The Certificate of Last Wills contains limited data for identification of the notary.
- Applicants must have a legitimate interest and provide supporting documents.
- Personal data is processed by the Ministry of Justice and notarial authorities in accordance with applicable data protection rules.
Related Online Check: Death Insurance Certificate
- You can also request a “Certificate of Death Insurance Contracts” to learn if the deceased had life or funeral insurance that may cover death-related expenses or benefits.
- This request is often made together with the Last Wills certificate via the same online portal.
Can Foreigners Use the Online Service?
- Yes. Foreign heirs can:
- Apply directly if they have a Spanish digital certificate/Cl@ve, or
- Appoint a Spanish lawyer or gestor via power of attorney to file online on their behalf.
- Foreign death certificates must be apostilled/legalized and translated, as applicable.
After You Obtain the Will
- Obtain fiscal identification numbers for heirs (NIE) if not already available.
- Compile an inventory and valuation of assets and debts.
- File and pay Spanish inheritance tax within the statutory deadline (generally six months from death, with a possible extension if requested in time).
- Execute the deed of acceptance and partition of inheritance before a notary.
- Register real property changes at the Land Registry and update bank and investment accounts.
FAQs
- Is the Last Wills certificate the same as the will? No. It only tells you whether a will exists and which notary holds it.
- Can I apply before 15 working days after death? No. You must wait until this period has elapsed.
- How much does it cost? A small administrative fee is charged; when applying online, you pay during the submission.
- Can I get the will without the Last Wills certificate? Generally no. Notaries require the Certificate of Last Wills, the death certificate, and proof of your interest.
- What if the deceased made several wills? Only the most recent will identified in the certificate is presumed valid, unless formally challenged.
- Can I apply by post or in person? Yes, through the Ministry’s territorial offices or by mail, but online is usually faster.
- What if the death happened outside Spain? Provide a foreign death certificate with apostille/legalization and sworn translation into Spanish, if needed.
- Do I need a lawyer? Not strictly for the certificate. Legal assistance is recommended for inheritance acceptance, tax filings, and cross-border issues.
Practical Checklist
- 15 working days since death have passed
- Literal death certificate obtained (with apostille/translation if foreign)
- Applicant ID and, if applicable, power of attorney
- Access to the Ministry of Justice e-office or appointed representative
- Online form completed and fee paid
- Certificate received and reviewed
- If will exists: contact notary and request authorized copy
- If no will: start intestate heirs declaration
- Proceed with inheritance acceptance, tax, and registrations
Need Help?
If you lack Spanish eID, face cross-border documentation issues, or need to coordinate tax and property transfers,
consider appointing a Spanish notary, lawyer, or gestor to act as your representative and streamline the process.
Plan succession proactively and contact an expert for personalized solutions. For further information or a private
consultation, reach out to:
José Rodríguez Díaz
Partner
info@inheritanceinspain.com
+34 626 06 94 48
