Documents for processing an inheritance: complete checklist
Processing an inheritance in Spain requires gathering a series of documents before visiting the notary to sign the acceptance and distribution deed. If any document is missing, the notary cannot authorise the deed and the process is delayed.
This is the complete list, in the order you should request them.
1. Death certificate
Issued by the Civil Registry of the place of death. It is the first document you need because without it you cannot request the others.
How to obtain it: in person at the Civil Registry, by post or online at sede.mjusticia.gob.es. The online version takes 2-5 business days to arrive by registered post. The electronic certificate is obtained instantly if you have Cl@ve or an FNMT certificate.
Cost: free.
2. Certificate of last wills
Issued by the Ministry of Justice (General Register of Last Will Acts). It states whether the deceased made a will and before which notary.
It can only be requested 15 business days after the death. If requested earlier, it is rejected.
How to obtain it: with form 790-006, available on the Ministry of Justice online portal. It can be filed online (with an electronic certificate) or in person at the territorial office.
Cost: €3.84 (form 790-006 fee). Timeframe: 7-10 business days.
For more details on this procedure, see our guide on the certificate of last wills.
3. Authorised copy of the will
If the certificate of last wills indicates there is a will, you need an authorised copy of it. This is requested from the notary office where the will was made (the one shown on the certificate).
Only heirs or their legal representatives can request it, presenting the death certificate and the certificate of last wills.
Cost: between €6 and €20 depending on the number of pages (charged per page of authorised copy at approximately €3/page).
If the notary office has closed or the notary has retired, the records pass to another notary in the same area. The provincial Notarial College can tell you which one.
4. Certificate of death cover insurance contracts
Issued by the Register of Death Cover Insurance Contracts (RCCSCV), part of the Ministry of Justice. It states whether the deceased had life insurance policies.
Requested with the same form 790-006 as the certificate of last wills. You can request both certificates in the same application paying a single fee.
Cost: €3.84 (included if requested together with the certificate of last wills). Timeframe: 7-10 business days.
5. ID of all heirs
Copy of the DNI (Spanish citizens) or NIE (foreign residents) of each heir. If any heir has died, their death certificate and the documents of their own heirs are needed.
If an heir is a minor, the ID of the legal guardian (parent or tutor) and the family book are also needed.
6. Family book or birth and marriage certificates
To prove kinship with the deceased. The family book usually suffices, but if it cannot be found or does not reflect all connections, you need:
- Birth certificate of each heir (to prove descent).
- Marriage certificate of the deceased (to prove the matrimonial property regime).
Obtained from the Civil Registry, free of charge.
7. Land Registry extract (nota simple)
One extract per registered property of the deceased. The extract shows ownership, encumbrances (mortgages, liens, easements) and the property description.
Requested from the Land Registry for the location of each property, or online at registradores.org.
Cost: €9.02 per property (online). Delivery is immediate or within 24-48 hours.
8. Bank certificates of balances at the date of death
Each bank where the deceased held accounts, deposits, investment funds or securities must issue a certificate of balances at the date of death. This document proves the deceased's financial assets.
Requested by the heirs presenting the death certificate and the certificate of last wills. Some banks issue it in 48 hours; others take up to 15 days.
Cost: varies by bank. Some provide it free; others charge between €20 and €50.
9. Valuation of assets
For the inheritance deed and for inheritance tax, you need to value the assets:
- Property: the cadastral reference value from the Ministry of Finance is commonly used (available on the Cadastre online portal). Since 2022, it is the minimum tax base.
- Vehicles: valuation tables published annually by the tax authority.
- Accounts and securities: the balance from the bank certificate.
- Businesses and shares: may require a valuation or accounting report.
10. Property deeds of the deceased
The original deeds (or authorised copies) of the deceased's assets. If you cannot find them, the notary can obtain the information from the Land Registry with the extract. But having the deeds speeds up drafting the inheritance deed.
What if there is no will?
If the certificate of last wills states there is no will, the heirs must process a declaration of intestate heirs before a notary. For this they need:
- Death certificate.
- Certificate of last wills (confirming there is no will).
- Birth certificate of the heirs.
- Marriage certificate of the deceased (if applicable).
- ID of the heirs.
- Two witnesses who knew the deceased and their family situation (they cannot be heirs).
The notary publishes a notice in the Official Gazette (BOE) for 30 days. After that period, if no one objects, the notary issues the declaration of heirs deed. Cost: between €200 and €300 in notary fees.
With the declaration of heirs deed, the acceptance and distribution deed can be done just as if there were a will.
Deadline for processing the inheritance
There is no legal deadline for accepting an inheritance, but there is one for paying inheritance tax: 6 months from the death. If you need more time, you can request a 6-month extension within the first 5 months. Late surcharges range from 5% to 20%.
Processing the inheritance online
At Notaría Online we help you gather all the documents and prepare the inheritance deed. If any heir lives abroad, they can grant a power of attorney by video conference so another heir can sign on their behalf.
Also see our guide on how to accept an inheritance in Spain step by step.