Last will certificate in Spain: what it is and how to request it

What is the last will certificate

The last will certificate (certificado de ultimas voluntades) is an official document issued by the General Registry of Last Will Acts, which comes under the Ministry of Justice. Its function is straightforward: it shows whether a deceased person made a will and, if so, before which notary and on what date.

It is a mandatory document for processing any inheritance in Spain. Without it, the notary handling the estate cannot verify whether a will exists or whether the succession is intestate. Banks also require it to unblock the deceased's accounts, and insurers need it to pay out life insurance policies.

What information it contains

The certificate can return two results:

Positive result: one or more wills appear. The certificate shows the date of each will, the authorising notary and the location. If there are several, the most recent one prevails (unless it is a supplementary, non-revocatory will). With this information, the heirs request a certified copy of the will from the notary who holds it.

Negative result: no will is recorded. In this case, the estate is processed through intestate succession and a declaration of heirs ab intestato before a notary is required.

The certificate does not contain the text of the will. It only indicates whether one exists and where it is held. To obtain the contents, you must request a copy from the notary indicated.

Deadline for requesting it: 15 business days

You cannot request the certificate immediately after the death. You must wait 15 business days from the date of death. This period exists to allow notaries to report wills made in the last days of the deceased's life to the Registry.

If requested before the 15 days, the Registry rejects the application. There is no way to speed this up.

How to request the certificate

There are three ways to request it:

1. Online (Ministry of Justice electronic portal)

This is the fastest route. Access the Ministry of Justice electronic portal (sede.mjusticia.gob.es). You do not need a digital certificate to request it, though having one makes the process smoother.

Steps:

1. Access the electronic portal and search for "Certificado de ultimas voluntades".
2. Fill in the form with the deceased's details: full name, ID number, date of birth and date of death.
3. Pay the fee: 3.84 euros (model 790, code 006). Payment can be made by bank card directly on the portal.
4. Attach the payment receipt and the death certificate.
5. Submit the application.

The certificate arrives by email within 1 to 5 business days. During low-demand periods, it can arrive within 24-48 hours.

2. By post

You can send the application by post to the General Registry of Last Will Acts (calle de la Bolsa, 8, 28012 Madrid). You must include:

• Completed application form (available on the Ministry's website).
• Photocopy of the death certificate.
• Fee payment receipt (model 790-006, paid at a bank).
• Stamped self-addressed envelope for the reply.

The response time by post is 7 to 10 business days from receipt.

3. In person

You can visit the Territorial Office of the Ministry of Justice in your province in person. Not all provinces have an office, so check beforehand. The same documentation as for postal applications is presented. The advantage is that you can obtain the certificate on the spot or the following day.

The fee: model 790-006

The fee for the last will certificate is 3.84 euros. It is paid using model 790, code 006. Payment methods are:

• Bank card on the electronic portal (most convenient).
• Deposit at any collaborating bank.
• Payment at the Territorial Office itself, if attending in person.

The fee is per certificate requested. If a deceased person has several heirs, a single certificate suffices: any heir can request it and share it with the others.

Who can request it

Anyone can request the last will certificate of a deceased person. You do not need to be an heir, a relative or demonstrate a legitimate interest. It is a public registry. All that is needed is the deceased's details and the death certificate.

Difference from the death certificate and insurance certificate

Three certificates that are commonly confused are all needed for processing an inheritance:

• Death certificate. Issued by the Civil Registry. Certifies the death, its date and place. Obtained free from the Civil Registry or through the Ministry's electronic portal.
• Last will certificate. Issued by the General Registry of Last Will Acts. Shows whether there is a will and before which notary. Fee: 3.84 euros.
• Death cover insurance contracts certificate. Issued by the Directorate General of Insurance. Shows whether the deceased had life insurance policies. Fee: 3.84 euros. Requested on the same electronic portal with the same model 790-006.

All three are needed for the inheritance. Many notaries do not begin processing until all three documents are available.

Certificates for people who died abroad

If a Spanish national died abroad, the last will certificate is requested from the Spanish Ministry of Justice in the same way, because the General Registry of Last Will Acts records all wills made before a Spanish notary, regardless of where the person resided or died.

If the deceased was a foreign national and made a will in their country, the Spanish certificate will come back negative. In that case, the equivalent document from the country of origin must be obtained.

What to do with the certificate once obtained

If the certificate is positive (there is a will):

1. Identify the notary who holds the will.
2. Request a certified copy of the will from that notary. If the notary has retired, their protocol will have been transferred to another notary or to the Provincial Protocol Archive.
3. With the copy of the will, visit the notary who will handle the estate to execute the partition deed.

If the certificate is negative (no will):

1. Request a declaration of heirs ab intestato from the notary of the deceased's last domicile.
2. Once the declaration is obtained, proceed to the partition deed.

Our service

At Notaria Online we manage the application for the last will certificate on your behalf. We also handle complete inheritances, from document collection to the partition deed.