What to Do When Someone Dies in Spain: A Step-by-Step Guide for Foreign Families (2026)
Key points
- First 48 hours: a doctor certifies the death and a funeral director (funeraria) takes over. In Spain, burial or cremation normally takes place between 24 and 48 hours after the death.
- First week: the death is registered at the Civil Registry and you receive the death certificate. Ask for several copies, including an international one.
- After 15 working days: you can request the certificado de últimas voluntades, which shows whether a Spanish will exists.
- First month: heirs get a NIE, choose a notary and a lawyer or gestor, and sign a power of attorney if they live abroad.
- Within 6 months: inheritance tax and the municipal plusvalía are due. Both deadlines can be extended if you ask in time.
By Nicolas Ponette, founder of Sucesio · Last updated: 22 September 2026
Losing someone is hard enough. Losing them in a country whose language, rules and offices you do not know makes the first days even more disorienting. This guide sets out what happens after a death in Spain, in the order it happens, so that you always know what comes next and what can wait.
It is written for the families of foreign residents and of non-residents who owned property in Spain. It does not replace advice from a Spanish notary, lawyer or gestor, but it will help you ask them the right questions.
1. The first 48 hours
A doctor certifies the death
If the death happens in hospital, the hospital doctor issues the medical death certificate (certificado médico de defunción). At home, call the family doctor or the emergency number 112. If the death was sudden or its cause is unclear, a duty judge and a forensic doctor may be involved. This is routine, but it can delay the funeral by a day or two.
Call a funeral director, and check for funeral insurance first
In Spain the funeral director (funeraria) handles almost everything in the first days: transfer of the body, the funeral, and the registration of the death. Before choosing one, check whether the person had funeral insurance (seguro de decesos). It is very common in Spain, including among foreign residents, and it usually covers the funeral and sometimes repatriation. The policy often names the funeral service to call.
Burial or cremation happens quickly
Spanish rules require the body to wait at least 24 hours after death and, as a general rule, no more than 48 hours before burial or cremation, unless it is preserved or embalmed (Decree 2263/1974, art. 15; regional rules apply the same window, for example Andalusia, Decree 95/2001, art. 21).
For families abroad, this is often the hardest part: there may not be time to travel before the funeral. Tell the funeral director straight away if you want the body preserved to allow more time, or if you are considering repatriation.
Repatriation or a funeral in Spain
Repatriating a body is possible but takes longer and costs considerably more than a local funeral. Cremation followed by repatriation of the ashes is a common alternative. The funeral director or the insurer arranges the documents required by the destination country.
Informing the consulate
Informing the consulate of the person's country is useful, but not always required. For British nationals, for example, registering the death with UK authorities is optional, although the UK estate and pension bodies still need to be told (gov.uk, bereavement information for Spain).
2. The first week
Registration and the death certificate
The funeral director registers the death at the local Civil Registry (Registro Civil). The family then receives the full death certificate (certificado literal de defunción). According to the UK government's guidance, three copies are normally issued free of charge, and an international version with an English translation can be requested (gov.uk).
Ask for more copies than you think you need. The notary, each bank, the tax office, insurers and authorities in the home country will all want one.
The bank will freeze the accounts
As soon as a Spanish bank learns of the death, it blocks the accounts held in the person's name. Direct debits may stop and joint accounts can also be affected. Many banks will still pay a funeral invoice from the account on presentation of the bill. Our guides explain how to access a deceased person's bank account in Spain and how to release funds before the inheritance tax is paid.
Keep the essentials running
Make a short list of what must keep being paid: community of owners fees, home insurance, electricity and water, any mortgage. If the accounts are frozen, agree with the bank or the providers how these will be settled.
3. After 15 working days: find the will
The certificate of last wills
Spain keeps a national register of wills. The certificate it issues, the certificado de actos de última voluntad, tells you whether the person made a will before a Spanish notary, and which notary holds it.
It can only be requested 15 working days after the death (Ministry of Justice). You need the full death certificate and a small state fee (form 790, code 006). The request can be made online with Spanish digital identification, by post, or in person in Madrid by appointment. From abroad, most families ask their Spanish lawyer or gestor to do it. Step-by-step instructions are in our guide to the certificate of last wills for foreign heirs.
Then obtain a copy of the will
- If there is a Spanish will: the notary named in the certificate issues an authorised copy to the heirs.
- If there is only a foreign will: it can still be used in Spain, but it will need an apostille and a sworn translation. See Spanish will vs foreign will.
- If there is no will at all: the heirs are determined by law, through a declaration of heirs (declaración de herederos), usually made before a notary.
4. The first month: get organised
A NIE for each heir
Every heir, including those who live abroad, needs a Spanish foreigner identification number (NIE) to accept the inheritance, pay the tax or sell a property. It can be obtained at a Spanish consulate or through a representative in Spain: see how to get a NIE as a foreign heir.
Choose who will handle the estate
The inheritance itself is signed before a Spanish notary. Alongside the notary, most foreign families appoint an abogado or a gestor who deals with the tax office, the banks and the land registry. Our guide on the role of the notary in a Spanish inheritance explains who does what.
A power of attorney if you stay abroad
Heirs who do not want to travel can sign a power of attorney in their own country, with an apostille and a sworn translation, so that a representative can act for them in Spain. See power of attorney in Spain for expats.
The documents to gather
| Document | Where it comes from |
|---|---|
| Full death certificate | Civil Registry (via the funeral director) |
| Certificate of last wills | Ministry of Justice |
| Authorised copy of the will, or declaration of heirs | Notary |
| Passports and NIEs of all heirs | Heirs; consulate or police for the NIE |
| Title deeds of any property | Notary or Land Registry (nota simple) |
| Bank certificates of balances at the date of death | Each bank |
| Latest property tax receipt (IBI) | Town hall |
| Life insurance policies, if any | Insurers |
If the estate includes assets in several EU countries, a European Certificate of Succession can simplify the process.
5. Before the 6-month deadline
Accept the inheritance
In Spain, heirs formally accept the inheritance, usually in a notarial deed of acceptance and distribution (escritura de aceptación y adjudicación de herencia). Heirs can also accept "with benefit of inventory" to protect themselves from inherited debts. See how to accept an inheritance in Spain as a foreign heir.
Inheritance tax: 6 months, extendable
Spanish inheritance tax (Impuesto sobre Sucesiones) must be declared within six months of the death. An extension of the same length can be requested within the first five months; late interest then applies until the tax is filed (Inheritance Tax Regulation, art. 68). Heirs resident in Spain file with their regional tax office; non-resident heirs file with the Spanish Tax Agency. How much is due depends on the region, the relationship to the deceased and the value inherited: see succession tax in Spain for foreigners.
The municipal plusvalía: same 6 months
If the estate includes urban property, the town hall's tax on the increase in land value (plusvalía municipal) is also due within six months, extendable up to one year on request (Local Finance Law, art. 110.2).
Register the property and release the accounts
Once the deed is signed and the taxes are paid, the property is registered in the heirs' names at the Land Registry, and the banks release the funds to the heirs.
6. In the home country
A death in Spain usually has to be reported in the person's home country as well: pension providers, the tax authority, banks, insurers and sometimes a court if assets there need their own probate. For British nationals, gov.uk explains what to do after someone dies abroad. Other countries have equivalent guidance on their official websites.
The timeline at a glance
| When | Step | Who handles it | What you receive |
|---|---|---|---|
| Day 0 | Medical certificate of death | Hospital or doctor | Medical death certificate |
| Day 0-2 | Funeral, burial or cremation (24-48 h) | Funeral director / insurer | Funeral |
| First week | Registration of the death | Funeral director | Full death certificate |
| First week | Bank informed, accounts frozen | Family | List of accounts |
| After 15 working days | Search for a will | Family, lawyer or gestor | Certificate of last wills |
| Weeks 3-4 | Copy of the will or declaration of heirs | Notary | Authorised copy |
| First month | NIE for each heir, power of attorney | Heirs, consulate, lawyer | NIE, POA |
| Before month 5 | Ask for an extension if needed | Lawyer or gestor | Extended deadline |
| Before month 6 | Acceptance deed, inheritance tax, plusvalía | Notary, lawyer, tax office | Signed deed, tax receipts |
| After | Land Registry, bank release | Lawyer or gestor | Assets in the heirs' names |
Frequently asked questions
Do I need to travel to Spain? Not necessarily. With a power of attorney signed in your own country, apostilled and translated, a representative in Spain can handle the certificates, the NIE, the notary and the taxes for you. Many families only travel for the funeral, or not at all.
Can the funeral wait until family arrives from abroad? Only for a limited time. The normal window is 24 to 48 hours after death. Preservation or embalming can extend it; ask the funeral director immediately if relatives need time to arrive.
What if there is no Spanish will? A foreign will can still be used, with an apostille and a sworn translation. If there is no will at all, the heirs are determined by law through a declaration of heirs. Either way, the certificate of last wills is the first document to obtain.
How much does the whole process cost? It depends on the funeral, the value and location of the assets, the region and the professionals involved. The main costs are the funeral, notary and registry fees, the lawyer or gestor, translations and apostilles, and the taxes. Ask for written estimates before instructing anyone.
What happens if we miss the 6-month deadline? Filing late is still possible, but surcharges and late interest apply. If you already know you will need more time, request the extension within the first five months.
How Sucesio helps
Most of the steps above start with the same questions: which banks, which policies, where is the will, where are the deeds, who is the notary. Sucesio is being built so that a person can record that information in advance, in English, Spanish or French, and their family knows where to start. It complements a Spanish notarial will; it never replaces it.
The online version opens in the coming months. A free printable checklist is available now.
How this article was researched
This guide was written by Nicolas Ponette, founder of Sucesio, from primary sources: Spanish decrees on mortuary health (BOE), the Ministry of Justice's procedure for the certificate of last wills, the Inheritance Tax Regulation (art. 68), the Local Finance Law (art. 110), and the UK government's bereavement guidance for Spain. Rules vary by region and change over time. Next review: March 2027.
This article is provided for general information only and does not constitute legal or tax advice. For your specific situation, consult a Spanish notary, lawyer or gestor. Sucesio is a complement to a valid will, not a substitute for professional legal advice.