Certificado de Últimas Voluntades: What It Is and How to Apply

🇪🇸 Read the original in Spanish

When a person passes away, a legally and emotionally complex process begins in which the heirs must find out what the deceased's wishes were regarding their estate. In Spain, the absolute starting point for any inheritance procedure is the certificado de últimas voluntades (certificate of last wills), the official document that certifies whether a person made a will and before which notary they did so. Without this document, it is legally impossible to carry out the division of the inheritance or to draft a declaration of heirs abintestate. Below, we offer an exhaustive guide written by the experts at AbogadoAI so that you can understand its importance, the legal framework that regulates it, and how to request it step-by-step without making mistakes.

What is the certificado de últimas voluntades and what is it for?

The certificado de actos de última voluntad (certificate of acts of last will) is a public document issued by the Ministerio de la Presidencia, Justicia y Relaciones con las Cortes (Ministry of the Presidency, Justice and Relations with the Courts) through the Registro General de Actos de Última Voluntad (General Registry of Acts of Last Will). This document certifies in a legally binding manner whether the causante (the deceased person) made a will or wills during their lifetime and, if so, which of them is the last one and, therefore, the only legally valid one.

In Spanish inheritance law, the principle applies that the last will executed revokes any previous ones, unless the testator expresses otherwise (in accordance with *Article 739 of the Código Civil (Civil Code)). For this reason, the certificado de últimas voluntades* is the only legal guarantee that heirs, banking entities, and property registries have that the last and true will of the deceased is being executed.

What exact information does this document contain?

If the deceased made a will, the certificate will detail:

• The date the will (or wills, if there were several) was executed.
• The name of the notary or notaries before whom the deed was authorised.
• The town or city where the will was signed.
• The notary protocol number.

If the deceased did not make a will, the certificate will state "without will" (sin testamento or abintestato). In this case, the succession will be governed by the rules of intestate succession established in the Civil Code or in the applicable regional laws.

The legal framework: Civil Code and regional diversity in Spain

The need for this certificate is framed within the Spanish inheritance system, regulated in general terms in Title III of Book III of the **Código Civil (Articles 657 to 1087). The death of a person opens the succession of their assets (Article 657), but in order to accept or repudiate the inheritance (Article 988**), it is imperative to know the succession title (the will or the declaration of heirs).

However, Spain has a great legislative wealth due to the coexistence of the common Civil Code with the **derechos civiles forales o especiales (regional or special civil laws)** of certain Autonomous Communities:

• Catalonia: Governed by the Fourth Book of the Código Civil de Cataluña (Civil Code of Catalonia).
• Aragon: Regulated by the Código del Derecho Foral de Aragón (Code of Regional Law of Aragon).
• Basque Country: Ley 5/2015, de Derecho Civil Vasco (Basque Civil Law).
• Galicia: Ley 2/2006, de Derecho Civil de Galicia (Galician Civil Law).
• Navarre: Compilación del Derecho Civil Foral de Navarra (Fuero Nuevo) (Compilation of the Regional Civil Law of Navarre).
• Balearic Islands: Compilación del Derecho Civil de las Islas Baleares (Compilation of the Civil Law of the Balearic Islands).

These regional legislations substantially modify who the forced heirs (legitimarios) are and the shares of the legal minimum inheritance (legítima). However, the procedure to obtain the certificado de últimas voluntades is unique and centralised for the entire Spanish territory, as the Registro General de Actos de Última Voluntad has state-wide jurisdiction.

In addition, this certificate is the mandatory preliminary step to settle the Impuesto sobre Sucesiones y Donaciones (Inheritance and Gift Tax, regulated by Law 29/1987), for which the filing deadline is 6 months from the date of death.

Key requirements and deadlines you must know

To request the certificado de últimas voluntades, it is essential to respect the deadlines and have the documentation required by the public administration.

Mandatory timeframes

• Minimum waiting period: The certificate cannot be requested until 15 business days have elapsed, counting from the day following the date of death. Saturdays, Sundays, and national, regional, or local public holidays are excluded from this count.
• Resolution timeframe: If requested online, it usually takes between 24 and 48 hours. If requested in person or by post, the issuing period can take up to 10 business days.

Necessary documentation

1. **Certificado Literal de Defunción (Literal Death Certificate):* This must be the original or an authentic copy issued by the Registro Civil (Civil Registry) of the town where the death occurred. An abstract certificate (certificado extracto*) is not sufficient for complex in-person requests; the literal certificate is always recommended.
2. Form 790 (code 006): This is the official application form and proof of payment for the administrative fee.
3. Proof of payment of the fee: Currently, the fee for the year 2024 is set at 3.82 euros.

How to request the certificado de últimas voluntades step-by-step

There are three ways to carry out this procedure. Below, we detail the step-by-step process for each of them.

Option 1: Online application (The fastest way)

This option requires you to have an electronic ID (DNI electrónico), Digital Certificate (Certificado Digital), or Clave PIN.

1. *Access the Sede Electrónica (Online Portal)* of the Ministry of Justice.
2. Search for the procedure "Solicitud de certificado de actos de última voluntad".
3. Complete the details of the deceased (first name, surnames, DNI/NIE, date, and place of death).
4. The system will verify if the death is digitally registered in the Civil Registry (for deaths occurring after 2 April 2011, the communication is usually automatic). If it is not, the system will ask you to attach the scanned Certificado Literal de Defunción in PDF format.
5. Make the online payment of the 3.82 euros fee through the payment gateway of the Agencia Tributaria (Tax Agency) integrated into the website.
6. Download the digitally signed certificado de últimas voluntades almost immediately or within a maximum period of 48 hours.

Option 2: In-person application

Ideal if you do not use a digital signature or if the death occurred a long time ago.

1. Obtain the Certificado Literal de Defunción from the corresponding Civil Registry.
2. Download and print Form 790 from the Ministry of Justice website or collect it from the Gerencias Territoriales de Justicia (Territorial Justice Offices).
3. Go to a collaborating banking entity with Form 790 and pay the 3.82 euros fee at the counter or ATM. The bank will stamp the document as proof of payment.
4. Request an appointment and go to the Oficina Central de Atención al Ciudadano (Central Citizen Service Office) in Madrid or to any Gerencia Territorial of the Ministry of Justice with the paid Form 790, the death certificate, and your ID/passport.
5. The certificate will be handed to you on the spot or sent to you within a few days.

Option 3: Application by post

1. Prepare an envelope containing: the duly completed Form 790 paid at the bank (3.82 euros), the original Certificado Literal de Defunción, and a photocopy of your ID/passport.
2. Send the envelope by certified mail to the following address:

> Registro General de Actos de Última Voluntad - Ministerio de Justicia > Plaza de Jacinto Benavente, 3 > 28012 - Madrid

1. You will receive the certificate at the postal address you indicated on Form 790 within approximately 10 to 15 days.

Practical examples of the utility of the certificate

To better understand the significance of this document, let us analyse two common situations in inheritances in Spain.

Example 1: Juan's hidden will

Juan passes away in Seville. His three children believe their father never made a will, so they assume the inheritance will be divided equally according to the common Civil Code. After the 15 business days have passed, they request the certificado de últimas voluntades, paying the 3.82 euros fee.

Upon receiving the document, they discover to their surprise that Juan had executed a will before a notary in Madrid in the year 2018 (which he had never told them about). The certificate details the name of the notary and the protocol number. Thanks to this document, the children go to the said notary to obtain an authorised copy of the will. Upon reading it, they discover that Juan had substantially improved the share of one of his children who suffered from a physical disability, while respecting the legal minimum (legítima) of the other two. Without the certificado de últimas voluntades, they would have initiated an expensive declaration of heirs abintestate process that would have been rendered void by the existence of the real will.

Example 2: The case of Pierre, a foreign resident

Pierre, a French citizen with legal residence in Alicante, passes away leaving a detached house valued at 250,000 euros and bank accounts containing 40,000 euros. His heirs in France do not know if Pierre made a will in Spain or if they must apply French succession law in accordance with the European Succession Regulation (No. 650/2012).

The heirs request the certificado de últimas voluntades in Spain. The certificate comes back as "without will" (sin testamento). As there is no will in Spain or in France (after also consulting the French registry), the heirs know with legal certainty that they must initiate intestate succession procedures in Spain, applying the law of the deceased's habitual residence (unless Pierre had opted for his French national law during his lifetime). The certificate allows them to unblock the bank accounts in Alicante, as the bank requires this document and the declaration of heirs to transfer the 40,000 euros.

Mistakes to avoid when requesting the certificate

Making mistakes in this procedure can delay the distribution of the inheritance and cause you to miss critical tax deadlines. Avoid the following:

• Not respecting the 15 business days waiting period: If you request the certificate before 15 business days have passed since the death (excluding weekends and holidays), the application will be rejected or the system will not find the data, forcing you to pay the fees again.
• *Confusing the death certificate with the certificado de últimas voluntades: The death certificate is issued by the Civil Registry and only certifies the death. The certificado de últimas voluntades* is issued by the Ministry of Justice and certifies the existence of a will. You need the first one to obtain the second one.
• *Failing to simultaneously request the Certificado de Contratos de Seguros de Cobertura de Fallecimiento (Life Insurance Certificate):* This is a very serious mistake. There is another certificate that is requested using the same Form 790, which indicates whether the deceased had life or accident insurance policies of which you are a beneficiary. Failing to request it could cause you to miss out on significant compensation.
• Submitting simple copies of the death certificate: The Ministry of Justice requires the original Certificado Literal de Defunción or an authentic copy with the Civil Registry stamp. Standard photocopies or death certificates in abstract format are usually rejected in face-to-face procedures.

Frequently Asked Questions (FAQ)

Can anyone request the certificado de últimas voluntades of a deceased person?

Yes. The Registro de Actos de Última Voluntad is public. Any natural or legal person, whether or not they are a relative or heir of the deceased, can request the certificado de últimas voluntades as long as they provide the required documentation (the deceased's death certificate) and pay the corresponding fee.

What happens if the certificate says there is no will?

If the certificate indicates "without will" (sin testamento), the intestate succession (abintestato) is opened. This means that the law (the Civil Code or the applicable regional law) will determine who the legal heirs are following an order of kinship (children, ascendants, spouse, collateral relatives). To formalise this, the family members must go to a notary to request a deed of declaration of heirs abintestate (acta de notoriedad de declaración de herederos abintestato).

Does the certificado de últimas voluntades have an expiry date?

Legally, the certificate does not have an explicit expiry date written on it. However, notaries, property registries, and banking entities usually require the certificate to have been issued within the last 3 months (or a maximum of 6 months) prior to signing the inheritance deed to ensure that there have been no subsequent modifications or legal claims.

If the deceased made a will abroad, does it appear on the Spanish certificate?

Generally, no. The Registro General de Actos de Última Voluntad of Spain only records wills executed before Spanish notaries. If a foreign or Spanish citizen executed a will outside of Spain, it will be necessary to contact the last will registries of the corresponding country (for example, through the network of the Association of European Wills Registers - ENRWA) to verify its existence.

What is the life insurance certificate and why is it requested at the same time?

It is a document that certifies whether the deceased had contracted any life insurance with death coverage and with which insurance company. It is requested using the same form (Form 790) and has the same fee of 3.82 euros. It is vital to request it jointly so that heirs do not leave unclaimed compensation from policies they did not know existed.

In summary

• The certificado de últimas voluntades is the mandatory document to start any inheritance procedure in Spain, as it determines whether or not a will exists.
• It must be requested after 15 business days have elapsed since the death of the deceased.
• To obtain it, it is essential to have the Certificado Literal de Defunción and pay the Form 790 fee, which amounts to 3.82 euros.
• It can be processed in three ways: online (with a digital certificate), in person at the Gerencias Territoriales de Justicia, or by post sent to Madrid.
• If the result is "with will", it will indicate the notary and protocol to request the authorised copy; if it is "without will", a declaration of heirs abintestate must be processed.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.