Certificate of Last Wills in Spain: how to request it step by step (2026)

Contents

• Introduction
• What is the Certificate of Last Wills
• What it is for and why it is mandatory for the inheritance
• When you can request it: the 15-working-day wait
• Documents and information required
• How to request it step by step: online, in person and by post
• How much it costs: fee 006 and Form 790
• What to do next: from the certificate to a copy of the will
• Special cases and common mistakes
• Frequently asked questions
• Summary

Introduction

We know that dealing with the paperwork after losing a loved one can feel overwhelming. In the midst of grief, someone -- the bank, the notary or the gestoría -- will have told you that, in order to process the inheritance, you need the certificate of last wills. And at that moment you may well not have known what that document is, where to request it, how long it takes or how much it costs.

This guide is here to walk you through that step. We explain, calmly and practically, what the Certificate of Last Wills is, what it is for, when you can request it and how to do so by any of the three available methods: online, in person or by post. We also clarify how much it costs and the difference between this certificate and the will itself -- two things that are often confused.

The aim is simple: to help you complete this task without any nasty surprises, so that you can focus on what truly matters, which is caring for those around you. If you need an overview of everything that has to be done, you can rely on our guide to the mandatory procedures after a death.

What is the Certificate of Last Wills

The Certificate of Last Wills is the official document that certifies whether a deceased person made a will and, if so, before which notary they did so. It is issued by the General Registry of Acts of Last Will, part of the Ministry of Justice. It does not reveal the contents of the will, only its existence and location.

Its technical name is the Certificate of Acts of Last Will. According to the Ministry of Justice, this registry centralises the information on all wills made in Spain before a notary, so that any heir can find out whether their relative left a will, even if they do not know where or when it was signed.

It is worth clearing up a very common confusion from the outset: the Certificate of Last Wills is not the same as a living will or advance directives. A living will (or advance directives document) records a person's wishes about the medical care they want to receive at the end of their life, and is entered in a separate regional or national registry. The certificate we are discussing here refers exclusively to the will that governs the inheritance -- that is, the division of the assets.

What it is for and why it is mandatory for the inheritance

The Certificate of Last Wills is essential for processing any inheritance in Spain. Without it, the notary, the bank or the Land Registry cannot proceed with the succession, because it is the official proof of whether or not a will exists. It is, therefore, one of the first documents the heirs must obtain.

Its role is to set the path the inheritance will follow. With the certificate in hand, two scenarios open up:

• If there is a will, the document states before which notary the last one was made. The heirs go to that notary's office to request an authorised copy of the will, which does detail how the assets are divided.
• If there is no will, it will be necessary to arrange a declaration of intestate heirs (declaración de herederos abintestato), a notarial deed that determines who the legal heirs are under the Civil Code. You can read how it works in our guide on inheritance without a will.

In both cases, this certificate is the key that unlocks the next step. Banks require it to release the deceased's accounts, notaries to authorise the inheritance deed, and the authorities to settle the Inheritance Tax. That is why it is best to request it as soon as possible, once the legal waiting period has passed.

When you can request it: the 15-working-day wait

The Certificate of Last Wills cannot be requested immediately after the death. According to the Ministry of Justice, you have to wait until 15 working days have passed from the date of death. This period allows the Civil Registry to notify the General Registry of Acts of Last Will of the death, without whose information the certificate cannot be issued.

When counting those 15 working days, it is worth bearing in mind that:

• The day of the death itself is not counted: the count begins the following day.
• Saturdays, Sundays and public holidays do not count (national, regional or local). In practice, 15 working days is equivalent to around three calendar weeks.
• Requesting it too early usually results in the application being rejected, with the loss of the fee already paid. This is one of the most common mistakes.

Our recommendation is to note the exact date on which the 15 working days are up and to submit the application from that point onward, not before. In the meantime, you can start gathering the rest of the inheritance documentation, such as the death certificate, which you will need for several of these procedures.

Bear in mind. The 15-working-day period is a minimum, not a maximum. There is no deadline for requesting the certificate: you can request it months or years after the death if necessary.

Documents and information required

To request the Certificate of Last Wills you need, above all, the identifying details of the deceased: full name and surnames, DNI number, and the date and place of death. Depending on the method you choose, you will also have to provide the official death certificate, or it will be enough for the system to verify the death electronically.

Specifically:

• Deceased's details: name and surnames, DNI, date of death and the municipality where it occurred.
• Official death certificate: this is required when the application is submitted by post or in person, or when the death took place before 2 April 2009 or is registered at a Justice of the Peace Court. This document is requested from the Civil Registry and is free.
• When you do NOT need to attach it: according to the Ministry of Justice, in the online application for deaths after 2 April 2009, the system checks the death electronically, so you do not need to provide the official death certificate.
• Electronic identification (online method only): Cl@ve, digital certificate or DNIe.

If you do not yet have the official death certificate, our guide explains how to obtain the death certificate step by step, both in person and online.

How to request it step by step: online, in person and by post

There are three ways to request the Certificate of Last Wills: online through the Electronic Office of the Ministry of Justice, in person at a Justice Office or territorial management office, or by post. All of them require Form 790 with fee 006 and prior payment of that fee. The choice depends on whether you have electronic identification.

Option 1 -- Online (Electronic Office with Cl@ve or digital certificate)

This is the quickest method, available only for deaths after 2 April 2009 that are not registered at a Justice of the Peace Court. You will need to identify yourself with Cl@ve, a digital certificate or DNIe. The steps are:

1. Go to the Electronic Office of the Ministry of Justice (sede.mjusticia.gob.es) and look for the "Certificate of Acts of Last Will" procedure.
2. Identify yourself with Cl@ve, a digital certificate or DNIe.
3. Complete Form 790 (fee 006) with the deceased's details.
4. Pay the fee online by card or online banking.
5. Submit the application. In many cases you will be able to download the certificate within a short time.

Option 2 -- In person (Justice Office or territorial management office)

If you prefer to do it in person or do not have any means of electronic identification, you can go to a Justice Office in the municipality or to the territorial management office of the Ministry of Justice in your province. You will need to bring Form 790 (fee 006) already paid and the official death certificate. The certificate will be handed to you or sent once it has been processed.

Option 3 -- By post

You can also send the application by post to the relevant unit of the Ministry of Justice. You must send Form 790 (fee 006) with the fee paid and the original official death certificate. The completed certificate is returned by post to the address given, which makes this the slowest of the three options.

Comparison of the three methods

Indicative timescales according to the Ministry of Justice; they may vary depending on the body's workload. Confirm the current details at sede.mjusticia.gob.es before submitting the application.

How much it costs: fee 006 and Form 790

Requesting the Certificate of Last Wills has a modest cost: fee 006, which in 2026 comes to approximately EUR 3.86, according to the Ministry of Justice. It is paid using Form 790, the official form on which this fee is settled, regardless of the method -- online, in person or by post -- you choose to submit the application.

Form 790 is a form common to several Ministry of Justice procedures. The same fee 006 covers three different certificates, which are selected by ticking the corresponding box:

• Certificate of Acts of Last Will (the one that concerns us here).
• Certificate of Death Cover Insurance Contracts.
• Certificate of Criminal Records.

To pay fee 006 you have several options: the Tax Agency's online payment gateway (by card or direct debit), online banking, or in-person payment at a collaborating bank. Once paid, the proof of payment is included with the application.

Practical tip. With the same Form 790 you can request the Certificate of Last Wills and the Certificate of Death Cover Insurance Contracts at the same time. This second document lets you find out whether the deceased had taken out a death insurance policy or life insurance, something many families are unaware of. Requesting both at once saves you time and unnecessary trips.

The amount of fee 006 may be updated in the General State Budget. Check the current figure at sede.mjusticia.gob.es before making the payment.

What to do next: from the certificate to a copy of the will

Once you have the Certificate of Last Wills, the next step depends on what it states. If it shows that the deceased made a will, you will need to go to the notary indicated to request an authorised copy. If there is no will, you will have to begin the declaration of intestate heirs before a notary. In both cases, this certificate is the starting point of the inheritance.

If the certificate shows there is a will:

1. Locate the notary's office named in the certificate (it is the one for the last will made).
2. Request an authorised copy of the will. The heirs and people with a legitimate interest can request it, proving the death with the death certificate.
3. With the copy of the will, proceed with the acceptance and allocation of the inheritance before a notary.

If the certificate shows there is no will:

1. Arrange a notarial deed of declaration of intestate heirs before a notary, which sets out who inherits under the Civil Code.
2. Continue with the inventory of assets, the allocation and the settlement of the Inheritance Tax, which must be filed within six months of the death.

In either case, do not forget that the settlement of the Inheritance Tax has a deadline, whereas accepting the inheritance does not. Getting the order of the procedures right avoids surcharges and unnecessary complications.

Special cases and common mistakes

Most applications are straightforward, but it is worth knowing about a few particular situations and the most common slip-ups, so as not to waste time or lose the fee you have paid. The three scenarios that raise the most questions are death abroad, deaths before 2009 and applications submitted too early.

• Death abroad. If the person died outside Spain but the death is registered at a Spanish or consular Civil Registry, the certificate can be requested, usually by providing the official death certificate and, depending on the country, additional documentation. If in doubt, consult the Ministry of Justice or a gestoría.
• Deaths before 2 April 2009 or registered at a Justice of the Peace Court. These cannot be processed online: you will have to use the in-person or postal method and always attach the official death certificate.
• Application rejected for requesting it before the 15 working days. This is the most common mistake. If you submit the application without having waited for the period, it is likely to be refused. Wait until the period is up and apply again.
• Errors in the deceased's details. An incomplete name or an incorrect DNI can delay or invalidate the application. Check the details with the death certificate in front of you.

Sorting out this paperwork takes time and energy. While you deal with the administrative side, you can also begin to think, entirely at your own pace, about how you wish to preserve the memory of your loved one; we say more about that below.

Frequently asked questions

How long does the Certificate of Last Wills take to arrive?

According to the Ministry of Justice, once the application has been submitted the certificate is usually issued within approximately 3 to 10 working days. If you apply online with a digital certificate or Cl@ve, the download can be almost immediate. Remember, too, that it cannot be requested until 15 working days have passed since the death.

Can I request the certificate of last wills without the death certificate?

It depends on the method. In the online application for deaths after 2 April 2009, the system verifies the death electronically and you do not need to attach the official death certificate. However, for postal or in-person applications, or for deaths before that date, you will indeed have to provide the official death certificate.

What is the difference between the Certificate of Last Wills and the will?

The Certificate of Last Wills does not contain the wishes of the deceased: it only states whether they made a will and before which notary. The will is the document that sets out how the assets are divided. With the certificate in hand, the heirs go to that notary's office to request an authorised copy of the will, which is the document that details the provisions.

Can I request it if the death occurred abroad?

Yes, provided the death of the person (Spanish, or a foreign national with assets in Spain) is registered at a Spanish or consular Civil Registry. In these cases you will usually need to provide the official death certificate and, depending on the country, additional documentation. If in doubt, it is best to consult the Ministry of Justice or a gestoría before submitting the application.

Is it the same Form 790 006 for last wills and for the death insurance?

Yes. The same Form 790 with fee 006 lets you request both the Certificate of Last Wills and the Certificate of Death Cover Insurance Contracts. You can tick both boxes on the form and pay the fee corresponding to each certificate. It is worth requesting both at once, as they are processed by the same body.

Summary

• What it is: the Certificate of Last Wills certifies whether the deceased made a will and before which notary. It is issued by the General Registry of Acts of Last Will (Ministry of Justice).
• It is not the will or a living will: it only states whether a will exists and where, not its contents.
• Waiting period: it cannot be requested until 15 working days have passed since the death (not counting the day of death, Saturdays, Sundays or public holidays).
• Form and fee: it is requested with Form 790, fee 006, which costs approximately EUR 3.86 in 2026 (check the current amount).
• Three methods: online (with Cl@ve, digital certificate or DNIe), in person or by post. Online is the quickest, only for deaths after 2 April 2009.
• Next step: with the certificate, request the authorised copy of the will from the notary or, if there is no will, begin the declaration of intestate heirs.
• With the same Form 790 you can request the Certificate of Death Cover Insurance Contracts at the same time.

Related articles

• Mandatory procedures after a death: complete checklist 2026 -- all the steps and deadlines set out in chronological order.
• Death certificate: how to obtain it step by step -- the earlier document you will need for almost every procedure.
• Inheritance without a will in Spain: how it is divided -- what to do if the certificate shows there is no will.
• Inheritance Tax in Spain 2026 -- how much is paid and within what deadline, by autonomous community.
• Death insurance in Spain -- what it covers and how to check whether the deceased had one.

While you manage the paperwork -- consider a digital memorial

Administrative procedures are necessary, but they are not the only thing that matters. While you gather the certificates and put the documentation in order, you can set aside a quiet space where the family shares memories, photographs and words of affection for your loved one, without hurry and at your own pace. A digital memorial remains accessible to everyone, at any time and from anywhere, and becomes a meeting place for all those who loved them.

While you manage the paperwork -- consider a digital memorial