What is the Certificate of Last Wills
The certificate of last wills is a document that should not be confused with the will. However, it provides relevant information about the latter and is closely related to it. From JLA Notarios – notary office in Barcelona, we tell you everything you need to know about what the certificate of last wills is.
What are the last wills?
The certificate of last wills is a document that provides information about whether a deceased person made a will or died intestate. In fact, it certifies which is the last will that the deceased carried out. It should be noted that, whether their family and heirs know or not, the deceased may have made wills on more occasions than those known to them. This is because the will is secret and only known to the people to whom the deceased delivered the will.
Thus, this certificate of last wills includes the notaries where the deceased's wills are deposited. In this way, by having this information, it will be possible to start the process related to the inheritance.
Finally, we remind you that this is public information. It is not necessary to be an heir to obtain this certificate, but only heirs and relatives will be able to request a copy of the will. Below, we explain the procedures that must be carried out to obtain this certificate.
How are the last wills processed in Barcelona?
The only requirement to obtain a person's certificate of last wills is to have their death certificate. Thus, it is possible to obtain the Certificate of Last Wills through various different means. The most common is that the funeral home delivers it to the family of the deceased. If not, the certificate of last wills can be obtained from the notary's office.
Additionally, there are other options. On one hand, obtaining it in person at the offices of the Ministry of Justice and the Civil Registry. On the other hand, by postal mail to these offices. Finally, it can also be obtained via e-mail, through the electronic headquarters of the Ministry of Justice. This last option is only for deaths registered in the Civil Registry and occurring after 2 April 2009. Furthermore, it is necessary to have a digital certificate.
What to consider when requesting the certificate of last wills with a digital certificate
Finally, it can also be obtained by e-mail, at the electronic headquarters of the Ministry of Justice. This last option is only for deaths registered in the Civil Registry and occurring after 2 April 2009. Additionally, it is necessary to have a digital certificate.
How to apply for the certificate of last wills?
To receive the certificate of deeds of last wills, it is necessary to submit the application form, model 790. This, in turn, must be accompanied by the receipt of payment of its fee and the literal death certificate.
How long does the certificate of last wills take?
In order for the processing of this document to begin, 15 working days must have passed since the death. On the other hand, if it is requested in situ or by post, it will arrive within 10 days from the date of the request. If the request is made digitally, this period is halved. Usually, the fastest option is for the notary to obtain it on your behalf.
Why is the certificate of last wills important?
This is a document, as we know in the notarial field, of crucial importance, among other reasons, because it is essential to begin the process of managing an inheritance. In this way, it will be possible to determine whether the deceased made the declaration of their assets and beneficiaries in a will. If not, the formula «without a will» will be recorded, in which a declaration of heirs without a will must be made. If you want to learn more about this process, we recommend the following reading:
Although it is common to find that our Notaries of Barcelona begin this procedure with the recognised heirs, there is also the possibility that it is initiated by those who are not listed in it. They must provide all significant information at their disposal, such as whether the deceased had taken out a life insurance policy.
We provide you with all the relevant information you need to know more in this article:
Are last wills and testaments the same?
As we have seen and to summarise this article, the will and the certificate of last wills are not the same, the latter being a document that informs us whether the deceased made a will or not and which will allow the inheritance to be managed one way or another. If the certificate of last wills declares the existence of a will, the inheritance will be managed through a testate process, whereas if it declares no will, the inheritance will be processed intestate.
The Certificate of Last Wills in Barcelona before a Notary
In short, the certificate of last wills is a key document in Succession Law. If you need to process an inheritance in Barcelona, our team of professionals will offer you all the assistance you need. You can contact us via our email bcn@jlanotarios.com, by filling in the contact form on our website or by calling 93 159 17 62. The only requirement for us to process an inheritance is that you can attend in person at the JLA Notarios offices, at our Notary on Avenida Diagonal in Barcelona.
