What to do when there is a deceased person with a will
The death of a loved one is always a difficult time and, moreover, it often brings with it legal doubts and procedures unknown to most families.
At the notary's office we constantly receive the same questions related to what to do when there is a deceased person with a will, what steps to follow or what is needed for the procedure, especially from those whose father has died with a will, a mother or a spouse.
First documents after death with a will
The answer is clear: the process to handle an inheritance when there is a deceased person with a will always begins with obtaining a series of basic documents — death certificate, certificate of last wills, and life insurance certificate — and continues with locating the will or, failing that, with the declaration of heirs.
Added to this is all the documentation that reflects the estate and obligations of the deceased: deeds, bank certificates, registry documents, tax receipts, insurance, loans, and even funeral invoices. We explain step by step what needs to be processed after a death.
Death certificate: what it is and what it is for
The death certificate is the official document that certifies the death of a person. It is a literal record or an extract issued by the Civil Registry of the place where the death occurred.
This certificate is essential for:
- Requesting the certificate of last wills.
- Accessing a copy of the will.
- Processing life or death insurance.
- Initiating any succession procedure.
In some cases, the death insurance companies themselves manage and deliver this certificate directly to the relatives, thus facilitating the initial procedure.
How long does it take and how much does it cost to obtain it?
- Delivery time: between 3 and 15 days, depending on the Civil Registry and the application method. Registrations after 1950 are usually delivered more quickly (sometimes immediately if they are digitised).
- Cost: it is free as long as it is processed through the Civil Registry, whether in person, by mail or online.
Ways to request a death certificate
In-person application
At the Civil Registry office where the death is registered. The applicant's ID card and the deceased's details (full name, date and place of death) must be provided.
Request by postal mail
Sending a letter to the corresponding Civil Registry, indicating the details of the applicant and the deceased, and the address where the certificate should be sent.
Online application
Through the Electronic Office of the Ministry of Justice without the need for a digital certificate in the computerized registers. The document can be received by regular mail or collected in person.
Types of death certificates
When requesting a death certificate, the Civil Registry can issue it in different formats. It is important to specify in the application which type is needed, as each serves a different purpose:
- Literal certificate: It is a full copy of the death registration, which includes all the details of the deceased and the circumstances of the death.
It is usually required for inheritance procedures (inheritances, insurance, pensions). - Extract certificate: It is a summary of the registration, without all the complete details. Within the extract, there are three variants:
- Ordinary: issued in Spanish, valid throughout the national territory.
- Bilingual: issued in Spanish and in the co-official language of the autonomous community (for example, Catalan, Galician or Basque).
- International or multilingual: issued in several languages and valid in the countries that are part of the Vienna Convention (including Spain, France, Germany, Italy or Portugal).
- Negative certificate: Certifies that the death of a person is not registered in a specific Civil Registry.
How to find out if a Will exists?
The certificate of last wills is the document that confirms whether a deceased person made a will and, if so, in which notary office the last valid one is deposited.
Without this certificate, the inheritance process cannot begin, as it is the only way to know which will is in force.
You can find out more about how to request it and the different ways to obtain it in this article:
If the certificate of last wills confirms that the deceased did not make a will, the heirs must process a declaration of heirs abintestate.
If you want to learn more about this procedure, we invite you to visit the section of our notary office for declaration of heirs.
Insurance certificate with death coverage
In addition to the death certificate and the certificate of last wills, it is highly recommended to request the certificate of insurance contracts covering death.
This document certifies whether the deceased, who had a will, had contracted any life or accident insurance that includes death coverage, and identifies the insurance company with which it was subscribed.
It is essential for the beneficiaries to be able to claim the compensations to which they are entitled.
How do you request the insurance certificate of the deceased with a will?
- From the notary: with the literal death certificate, the notary can directly process the insurance certificate request, along with the certificate of last wills, avoiding additional procedures for the heirs.
- Online: through the electronic headquarters of the Ministry of Justice.
- In person or by mail: at the territorial offices of the Ministry of Justice, attaching the death certificate.
Very important: just like with the certificate of last wills, the insurance certificate request cannot be submitted until 15 working days have passed since the date of death.
What information does the insurance certificate contain?
- Name of the insurer with which the deceased had a life or accident insurance policy.
- Policy number and basic contract details.
- Identification of the designated beneficiaries.
- Whether the insurance is life or accident.
This certificate does not indicate the insured amounts, but it does allow the beneficiaries to contact the company directly to claim the benefit.
Deadlines and cost
- Delivery time: between 10 and 15 days, although it may vary.
- Cost: free, except for the payment of the corresponding administrative fee, which is included in the process (when managed by the notary, the client avoids carrying out the procedure themselves).
How to request an authorised copy of the will?
The certificate of last wills indicates in which notary office the last valid will was granted. With this information, the heirs can request an authorised copy of the will, an essential document to start the inheritance process.
Where is the authorised copy of the will requested?
- At the notary's office where the will was signed.
- If the notary is no longer practising, the protocol is kept in the corresponding Notarial District Archive.
- It can also be requested from the trusted notary's office where the inheritance is to be processed: in this case, that notary's office will request the authorised copy from the notary's office where the will was granted or from the archive where it is kept.
Certified copy vs. simple copy
It is important to distinguish between the two types of copies:
- Authorised copy: this is the one that bears the notary's signature, official stamps, and stamped paper. It has full legal validity and is necessary to process the inheritance.
- Simple copy: this is the one normally given to the testator at the time of signing the will. It is for informational purposes only and cannot be used to initiate succession procedures.
Practical example: a son comes with a simple copy that his father kept. The notary explains that he needs an authorised copy and, from the trusted notary's office itself, requests the will from the District Notarial Archive where the original protocol was held.
Gather the estate documentation of the person who has died with a will
Once the death certificate, the certificate of last wills, and the will or declaration of heirs are obtained, the next step is to gather all the documentation relating to the deceased's estate. If a mother or father has died with a will, this is a key point because it will allow the notary to prepare the inheritance deed in a complete and accurate manner.
Real estate
To prove ownership and status of real estate (houses, premises, estates, garages) it will be necessary to present:
- Public deeds of sale, inheritance or donation before a notary.
- Updated simple registry notes from the Property Registry.
- Receipts of the IBI or cadastral documents that prove the cadastral reference.
Practical example: a family inherits a flat in Barcelona. They present the deed of sale, a recent simple note and the latest IBI receipt, documents with which the notary proves the ownership and its value.
Bank accounts, deposits and financial products
It is necessary to request from financial institutions a balance certificate as of the date of death.
This includes:
- Current and savings accounts.
- Fixed-term deposits.
- Investment funds, shares and other financial products.
With this certificate, the notary will be able to accurately reflect the economic assets in the inheritance deed.
Practical example: upon the death of a deceased with several accounts in different banks, their heirs request a balance certificate from each institution. With this information, the notary determines the exact amount to be distributed.
Vehicles and other movable property
The vehicles of the person who has died with a will also form part of the inheritance. The following are required:
- Driving licence.
- Technical sheet.
- Certificate from the DGT regarding ownership and charges.
Other movable goods of special value (collections, jewellery, works of art) can be proven through invoices, appraisals, or expert reports.
Insurance, loans and mortgages
Heritage documentation must include both assets (life insurance, pension plans) and liabilities (loans and mortgages).
- Life insurance: the certificate of death insurance contracts indicates with which insurer the policy was subscribed.
- Loans and mortgages: it is advisable to request from the entities a certificate of the outstanding balance as of the date of death.
Burial and funeral expenses of the deceased with a will
The burial and funeral invoices must also be kept. These expenses are deductible in the Inheritance Tax, unless they have been paid by a funeral insurance contracted by the deceased.
Notarial processing of the inheritance: a brief summary
With the certificates and asset documentation in order, the time comes to formalise the inheritance. The process is always carried out at a notary's office through the deed of acceptance and division of inheritance, in which the assets are distributed and the deceased's debts are settled.
All heirs and, where applicable, legatees and creditors are involved in this process. Furthermore, after signing, the corresponding taxes must be paid — the Inheritance and Donations Tax and, if there are urban properties, the municipal capital gains tax.
On our blog you will find specific articles that explain each of these stages in detail:
Summary table: documents and steps after death
| Step | Required document | Where to obtain it | Deadline / Observations |
|---|---|---|---|
| 1. Prove the death | Death certificate | Civil Registry or Electronic Headquarters | 3 to 15 days. Free of charge |
| 2. Check if there is a will | Certificate of last wills | Ministry of Justice or notary | Request from 15 working days onwards. Payment of fee 006. |
| 3. Verify life insurance policies | Certificate of death insurance contracts | Ministry of Justice or notary | Request from 15 working days onwards. |
| 4. Obtain the will | Authorised copy | Notary where it was granted or trusted notary | Only heirs or legitimate interested parties. |
| 5. If there is no will | Declaration of intestate heirs | Competent notary (last domicile or place of assets) | Requires witnesses and family documents. |
| 6. Prove real estate assets | Deeds, simple notes, IBI | Property Registry, Cadastre, receipts | --- |
| 7. Prove movable assets and accounts | Bank certificates, vehicles, appraisals | Banks, DGT, expert reports | --- |
| 8. Prove debts and insurance | Certificates of mortgages, loans, policies | Banks, insurers | --- |
| 9. Deductible expenses | Funeral and burial invoices | Funeral company | Deductible unless paid by insurance. |
| 10. Inheritance deed | Notarial public deed | Notary | With subsequent taxes. |
Conclusion: support and trust at a key moment
The death of a relative always opens a process full of procedures and doubts. At JLA Notarios, notary in Barcelona, we believe that at those moments the most important thing is not to feel alone. That is why we accompany families when there is a deceased with or without a will, from obtaining the first certificates to signing the inheritance deed.
Our role is not only to prepare documents: it is to advise with rigour and closeness, to resolve doubts clearly and to offer the legal certainty that gives confidence in a delicate moment.
Having the support of a notary for wills allows the entire succession process to be carried out quickly, orderly and without surprises. That is our way of working and the commitment we take on with each client.
Do not hesitate to contact us if you need more information about this procedure.
