How to find out if a deceased person had life insurance in Spain: the insurance certificate

Death paperwork 18 min read Kinmory Team
Brass wax-seal stamp with an engraved sprig resting on white envelopes beside gold wax seals: how to find out if a deceased person had life insurance

Introduction

We understand that, when you lose someone you love, every piece of paperwork weighs more than it should. Perhaps someone in the family remembers hearing them say they ‘had an insurance policy’, or perhaps the notary or the bank has mentioned a certificate you had never heard of. Many families then ask themselves the same question: how to find out if a deceased person had life insurance, and with which company.

The short answer: there is an official register that any interested person can consult. Once 15 working days have passed since the death, the Ministry issues a certificate, for a fee of €3.86 (the 2026 rate), listing the life or accident insurance policies in which the person was named as the insured, together with the insurer behind each one. It does not say who the beneficiary is or how much will be paid: that is something you ask each company afterwards.

This guide is written for families living in Spain, including those who have come to Spain from abroad. It explains what the certificate shows and what it does not, which policies are left out (among them funeral insurance — seguro de decesos, also referred to as death insurance in our other guides), how to request it, how to make a claim and how the money is taxed. If the death is very recent, it may help to start with what to do when a family member dies and the mandatory procedures after a death.

Between certificates and phone calls, some families also find comfort in setting aside a space for remembrance; if at any point you would like to, a digital memorial on Kinmory lets you gather photographs and words at your own pace.

How to find out if a deceased person had life insurance: what the certificate says

The official route is the certificate of insurance contracts with death cover (Certificado de Contratos de Seguros de cobertura de fallecimiento), issued by the General Registry of Acts of Last Will (Registro General de Actos de Última Voluntad). It states which contracts in force named the deceased as the insured and with which insurer, or that none are recorded. It does not say who the beneficiary is or how much they would receive.

The register was set up by Law 20/2005 and is regulated in detail by Royal Decree 398/2007. It comes under the Ministry of the Presidency, Justice and Relations with Parliament (Ministerio de la Presidencia, Justicia y Relaciones con las Cortes), although its electronic office (sede electrónica) and forms still say ‘Ministerio de Justicia’. People often call it the life insurance register, and the acronym RCSF circulates online, although it is not an official name.

Only contracts in force on the date of death appear. The register's data are presumed accurate unless proven otherwise, but only as to the existence of the contract: they do not prove that there is cover or a right to be paid, which depend on the policy (Law 20/2005, art. 3.3). If new information reaches the register within three months of the certificate being issued, the register sends out a corrected certificate on its own initiative (Royal Decree 398/2007, art. 13.2).

Information Does it appear? Where to find out
Insurer and policy number Yes On the certificate
That no policies are registered Yes (negative certificate) On the certificate
Who the beneficiary is No From each insurer, which will only tell you whether you are one (Law 20/2005, art. 7.2)
Amount and right to payment No From the insurer, if you are a beneficiary
Contracts already paid out No: they are deleted once the payment is reported —
Contracts reported without the insured's DNI or NIE No From the insurer, if you know which one it is

Which policies appear in the register and which do not

The register records life insurance with death cover and accident insurance that covers death, whether individual or group, even when linked to a mortgage or a card. It does not include funeral insurance (seguro de decesos), policies covering a company's pension commitments, policies in which the policyholder and the beneficiary are the same person, or some mutual societies.

It helps to distinguish three roles: the policyholder (tomador) takes out and pays for the insurance; the insured (asegurado) is the person whose life is insured; the beneficiary (beneficiario) is the person who receives the money. The register only reports policies in which the deceased was the insured.

Type of insurance Does it appear? If not, where to ask
Life insurance with death cover, or accident insurance that covers death Yes —
Linked to a mortgage or a loan, even if the beneficiary is the bank Yes —
Group policy that identifies each insured person by name Yes, unless it covers pension commitments The employer
Group policy that does not identify the insured persons by name Only after the death has been reported to the insurer (‘declarar el siniestro’) The company or body that took it out
Linked to a credit card Yes; if cover arises only from paying for something with the card, only after the death has been reported to the insurer The issuing bank
Covering a company's pension commitments to its staff No The employer
One in which policyholder and beneficiary are the same person No Whoever took it out already knows about it
Policies from occupational mutual societies, mutual societies for members of professional associations, or those providing only educational benefits No The mutual society or the professional association
Funeral insurance (seguro de decesos) No Papers, bank statements and insurers in that line of business

Sources: Law 20/2005, art. 4, and Royal Decree 398/2007, art. 3.

And funeral insurance (seguro de decesos)?

It is not listed, although you may sometimes read otherwise: it is a different type of insurance, under which the insurer undertakes to provide the funeral service (article 106 bis of the Insurance Contracts Law, Ley 50/1980, de Contrato de Seguro), and Law 20/2005 only includes life and accident policies.

There is no public register of funeral insurance policies. In practice, the best clues are premium payments debited from the deceased's bank accounts and their papers; you can also ask at the banks where they held accounts. If nothing turns up, the entity search of the Directorate-General for Insurance and Pension Funds (Dirección General de Seguros y Fondos de Pensiones, DGSFP), with the ‘Ramos’ filter set to ‘19/Decesos’, gives you the list of insurers to ask.

If the family paid for the funeral themselves and the policy turns up later, do not write that money off: when the service was provided by other means, the insurer must pay the sum insured to the heirs (art. 106 bis.2). There are more details in our guide to death insurance in Spain.

How to request the life insurance certificate: waiting time, fee and ways to apply

Any interested person can request the certificate, without proving kinship, once 15 working days have passed since the death. You can apply online through the Ministry's electronic office, paying the fee (code 006) online, or in person or by post using Form 790. In 2026 it costs €3.86 per certificate. Online, it is usually available within 24 hours.

The regulations governing the register presume that whoever applies has an interest (Royal Decree 398/2007, art. 12.1). The 15 working days, which exclude the day of death as well as Saturdays, Sundays and public holidays, amount in practice to about three weeks; the data are kept for five years.

How to apply When it can be used and where Paying the fee When it arrives
Online, with Cl@ve, on the electronic office Deaths after 2 April 2009 not registered at a Justice of the Peace Court; the deceased's details are enough if the system finds the death registration; if not, you must apply in person or by post Online, by bank account debit or card As a rule, within 24 hours; sometimes up to 3 working days. It can be downloaded from ‘¿Cómo va lo mío?’ for 90 calendar days
In person, by appointment Always. In Madrid, the Central Citizen Service Office (Oficina Central de Atención al Ciudadano, calle Bolsa, 8); elsewhere in Spain, the Ministry's Territorial Offices (Gerencias Territoriales) At a partner bank or through online banking No published time frame for this method; the legal maximum is 7 working days
By post Always: Registro de Actos de Última Voluntad, plaza de Jacinto Benavente, 3, 28012 Madrid As in person 7 working days from the day after receipt; it is sent to the address given on Form 790

Fee and time frames according to the Ministry as of 30 September 2026. Check the amount before paying: if you pay the wrong amount, the bank cannot refund it, and getting it back means applying to the Ministry for a refund of an amount paid in error (devolución de ingresos indebidos).

On the paper version of Form 790, the details at the top are the applicant's; the deceased's go in section C.

The death certificate and deaths abroad

If the death occurred in Spain after 2 April 2009 and is not registered at a Justice of the Peace Court, the deceased's DNI or NIE is enough (failing those, their passport or another identity document from their country); for in-person or postal applications, the Ministry nonetheless recommends attaching the death certificate. In all other cases you must provide the full death certificate (certificado literal de defunción), which shows the names of the deceased's parents: see how to obtain the death certificate.

If the death occurred abroad, you must apply in person or by post, and the foreign death certificate, legalised and translated, is essential. From outside Spain, the fee is paid at the branch of a Spanish partner bank in that country or by transfer to the account indicated by the Ministry. And if you are going to use the certificate in another country, you will need to have it legalised or apostilled; if you apply on paper, state that country and the authority in section A of Form 790.

With the Certificate of Last Wills or through the notary

On paper, this certificate and the Certificate of Last Wills (Certificado de Últimas Voluntades) can be requested on a single Form 790, ticking both boxes and paying both fees together: €7.72 in 2026. Both involve the same 15-working-day wait, so it makes sense to request them at the same time; the details of the form are in our guide to the Certificate of Last Wills.

If the inheritance is formalised before a notary and the heirs do not provide the certificate, the notary must obtain it electronically and attach it to the deed (Law 20/2005, fifth additional provision). See the steps to accept an inheritance before a notary.

Did you know? While waiting for the certificate, some families begin gathering photographs, dates and memories of the person who has died in one place, to share with those who live far away. A digital memorial lets you do this at your own pace. Discover Kinmory's digital memorial →

How to claim a deceased person's life insurance step by step

Once you have the certificate, write to each insurer listed on it. Each one will tell you whether you are a beneficiary and which documents it needs. The insurer must pay the minimum amount it may owe within 40 days of receiving notice of the claim (declaración del siniestro), under article 18 of the Insurance Contracts Law, and if it delays payment without good reason, it will owe you interest.

  1. If you already know the insurer, notify it. The law allows seven days from learning of the death, unless the policy grants more; do not wait for the certificate. Late notice does not mean losing the right to payment, although the insurer could claim compensation for any loss the delay caused.
  2. Wait 15 working days. The certificate cannot be requested any earlier; the day of death, Saturdays, Sundays and public holidays do not count.
  3. Request the insurance certificate. Apply online and pay fee 006 (€3.86 in 2026) at the same time, or apply in person or by post with Form 790.
  4. Write to each insurer that appears. Report the death, send a copy of the certificate and ask whether you are a beneficiary.
  5. Send the documents and receive payment. The insurer must pay the minimum amount it may owe within 40 days of receiving notice of the claim.
  6. File the inheritance tax return, if applicable. If the money received is subject to inheritance tax, you have six months from the death; the insurer usually asks for proof of payment before paying out.

Each insurer sets its own requirements, but most ask for the full death certificate and often the medical certificate stating the cause of death; the DNI or NIE of each beneficiary; if the beneficiaries are ‘the heirs’, the Certificate of Last Wills and the will or the declaration of heirs (declaración de herederos); and, when the money received is subject to inheritance tax, proof of payment of that tax, because the law makes the insurer secondarily liable for it (Law 29/1987, art. 8.1.b).

When What happens Legal basis
7 days from learning of the death The death must be reported to the insurer, unless the policy allows more time Law 50/1980, art. 16
15 working days after the death The certificate can now be requested Royal Decree 398/2007, art. 12.2
40 days from notice of the claim The insurer pays the minimum amount it may owe Law 50/1980, art. 18
3 months from the death If it has not paid, it is in default and, barring justified cause, owes the statutory interest rate increased by 50% (never less than 20% a year once two years have passed); if the death was reported late, interest runs from that notification Law 50/1980, art. 20
6 months from the death The inheritance tax deadline expires; it can be extended by a further six months if the heirs apply within the first five Royal Decree 1629/1991, arts. 67 and 68
5 years Limitation period for claims under the policy; it is also how long the register keeps the data after the death Law 50/1980, art. 23; Law 20/2005, art. 6.3

If the insurance was linked to a mortgage or a loan

These policies appear in the register even if the beneficiary is the bank (Royal Decree 398/2007, art. 3.1). Usually the bank collects the outstanding debt first and the rest goes to the other beneficiaries, but what the policy says prevails. Notify the bank and the insurer, ask for the policy conditions and check whether both borrowers were insured or only one; for the tax effect of that payment, consult an adviser.

If the certificate comes back negative but you suspect there was a policy

A negative certificate does not always settle the matter. Ask at the company where the person worked, because policies covering pension commitments are not registered and group policies that do not name the insured persons are only added once the death is reported to the insurer; also ask the bank that issued their cards and, if they belonged to a professional association (colegio profesional), its mutual society or the association itself. Bank statements, papers and email often provide clues. Pension plans are not insurance and do not appear (ask the company that manages the plan); nor do policies taken out in another country with insurers that do not operate in Spain, which you will need to ask about there.

If the insurer does not pay or delays

First complain in writing to the insurer's customer service department or its customer ombudsman (defensor del cliente), addressing the letter expressly to one of them (a complaint sent to another department does not count), and keep proof of the date on which you submitted it. If the insurer rejects the complaint or a month passes without a reply, you can turn to the Complaints Service (Servicio de Reclamaciones) of the Directorate-General for Insurance and Pension Funds, online with an electronic signature or in writing to paseo de la Castellana, 44, 28046 Madrid (Law 44/2002, art. 30.3.a, as worded by Law 10/2025; procedure: Order ECC/2502/2012).

Who receives the life insurance of a deceased person

Life insurance is paid to whoever is named as beneficiary, whether in the policy, in a later written notice sent to the insurer or in the will. If there is no beneficiary and no rules for determining one, the sum insured becomes part of the assets of the person who took out the policy and, if that was the deceased, it is divided up with the rest of their estate.

This is governed by articles 84 to 88 of the Insurance Contracts Law, whose designation rules also apply to accident insurance (art. 100). The policyholder may name or change the beneficiary without the insurer's permission; generic wording is interpreted as follows:

If the policy says… Who receives it Law 50/1980
A person's name That person Art. 84
Someone's ‘children’, without naming them All of that person's descendants entitled to inherit Art. 85
‘Heirs’, with no further detail The policyholder's heirs at the time of death, in proportion to their share of the inheritance, unless otherwise agreed Arts. 85 and 86
‘Spouse’ Whoever is the spouse at the time of death Art. 85
Several beneficiaries, with no split specified In equal shares; any share one of them does not receive passes to the others Art. 86
Names no one and gives no rules for determining anyone The sum insured becomes part of the policyholder's assets; if the policyholder was the deceased, it is divided up with their estate Art. 84

Two rules come as a relief to many families. First, beneficiaries who are also heirs keep their right even if they renounce the inheritance (art. 85), which matters when the estate has more debts than assets. Second, the insurer pays the beneficiary even if the legal heirs (herederos legítimos) or the policyholder's creditors make claims; they can only demand that the beneficiary repay premiums paid in fraud of their rights (art. 88).

On the other hand, if no beneficiary was named and the person who took out the policy was the deceased, the sum insured becomes part of their estate (art. 84) and anyone who renounces the inheritance does not receive it. Because a renunciation cannot be undone (Civil Code, or Código Civil, art. 997), confirm with the insurer first whether you are a beneficiary. If there is no will either, the rules on inheritance without a will apply.

How life insurance is taxed under inheritance tax

What the beneficiary receives is subject to inheritance tax (Impuesto sobre Sucesiones) when the policy was taken out by another person (Law 29/1987, art. 3.1.c). The exception is pension-type products, namely insured pension plans (planes de previsión asegurados, PPA), occupational pension plans and mutual societies whose contributions could reduce personal income tax (IRPF): what they pay out is taxed under the beneficiary's IRPF as employment income (Law 35/2006, art. 17.2.a; Royal Decree 1629/1991, art. 3.e).

If you were the one who took out the policy on the deceased's life, the money received is not subject to inheritance tax but to your IRPF, as investment income (rendimiento del capital mobiliario): you declare the difference between what you received and the premiums you paid (Law 29/1987, art. 3.1.c; Law 35/2006, art. 25.3.a). Between spouses, however, it matters where the money came from: if one spouse took out the policy and paid for it with community property funds (sociedad de gananciales), and the surviving spouse receives the payout, half of the amount is subject to inheritance tax (Royal Decree 1629/1991, art. 39.2). In these cases it is advisable to have an adviser check how to declare it.

State law grants the spouse and the descendants, ascendants, adoptive parents and adopted children of the person who took out the policy a 100% reduction capped at €9,195.49, which applies unless the relevant autonomous community has adopted its own. There is only one reduction per person, however many policies they receive, and for group policies or those taken out by an employer for its staff, what counts is the relationship between the deceased insured person and the beneficiary (Law 29/1987, art. 20.2.b).

Autonomous communities may keep that reduction or improve it, and the improved one replaces the state one (Law 22/2009, art. 48). As a general rule, the tax is paid to the autonomous community where the deceased had their habitual residence; the differences between regions are summarised in our guide to inheritance tax in Spain.

  • Deadline: six months from the death, also for life insurance beneficiaries. Heirs, executors or estate administrators can request a further six-month extension within the first five months, although late-payment interest then applies; if you are a beneficiary but not an heir, confirm with your community's tax office whether you can use it (Royal Decree 1629/1991, arts. 67 and 68).
  • If you do not have the cash to pay: the law allows the insurer to advance part of the payout solely to pay the tax, by means of a banker's draft made out to the tax authority (Law 29/1987, art. 8.1.b); ask whether it offers this.

Frequently asked questions

How long does it take to get the life insurance certificate?

Online it is usually ready within 24 hours, although it sometimes takes up to three working days; you then have 90 calendar days to download it. The legal maximum is seven working days from the application and, by post, from the day after it is received. Before you can apply, 15 working days must have passed since the death.

Who can request a deceased person's insurance certificate?

Any interested person, without having to prove a family relationship: the rules presume that whoever applies has an interest. You only need to wait 15 working days after the death and pay the fee, which in 2026 is €3.86. If the death occurred in Spain after 2 April 2009 and is not registered at a Justice of the Peace Court (juzgado de paz), the death certificate is not needed: the deceased's DNI or NIE is enough.

Does funeral insurance (seguro de decesos) appear on the insurance certificate?

No. The register of insurance with death cover only records life insurance and accident insurance covering death; funeral insurance (seguro de decesos), which pays for the funeral service, is a different kind of policy. To trace a funeral insurance policy, go through the deceased's papers and bank statements and ask the insurers that sell this kind of cover; they are listed in the search tool of the Directorate-General for Insurance and Pension Funds.

Who receives the life insurance if there is no beneficiary?

If no beneficiary was named in the policy, in a later written notice to the insurer or in the will, and there are no rules for determining one, the sum insured becomes part of the assets of the person who took out the policy, under article 84 of the Insurance Contracts Law. If that person was the deceased, it is divided up with the rest of their estate, according to the will or, if there is none, the declaration of heirs.

Can you receive the life insurance if you renounce the inheritance?

Yes, if you are a beneficiary, named individually or as one of ‘the heirs’: you keep that status even if you renounce the inheritance (articles 84, 85 and 88 of the Insurance Contracts Law), and the insurer must pay you despite any creditors' claims (article 88). With no named beneficiary, the sum insured goes to the policyholder's assets (article 84); if that was the deceased, it forms part of the estate, and anyone who renounces loses it. Before renouncing, ask the insurer whether you are a beneficiary.

What is the time limit for claiming life insurance?

Claims arising from a life or accident insurance policy become time-barred after five years, under article 23 of the Insurance Contracts Law. The death must be reported to the insurer within seven days of learning of it, unless the policy allows longer; reporting it late does not mean losing the right to payment. If a long time has passed, consult a lawyer before giving up on the money.

Is life insurance subject to inheritance tax in Spain?

Yes, if the policyholder and the person who receives the payout are different people, except for insured pension plans and similar pension products, which are taxed under personal income tax (IRPF). The policyholder's spouse, descendants, ascendants, adoptive parents and adopted children get a 100% state reduction, capped at €9,195.49, unless the autonomous community has adopted its own. The deadline is six months from the death, extendable if the heirs apply within the first five months.

Summary

  • The official route is the certificate of insurance contracts with death cover: it shows the insurer and the policy number, not the beneficiary or the amount.
  • The so-called life insurance register also includes accident policies that cover death; it does not include funeral insurance (seguro de decesos).
  • Anyone can request it, without proving kinship, from 15 working days after the death and for five years, for €3.86 (2026 fee).
  • The insurer will only tell you whether you are a beneficiary; if you are, it must pay you the minimum amount it may owe within 40 days of notice of the claim.
  • If the insurer rejects your complaint or does not resolve it within one month, you can turn to the DGSFP.
  • Whoever is named as beneficiary receives the payout even if they renounce the inheritance; if no beneficiary was named and the deceased took out the policy, the capital becomes part of their estate. Claims under the policy become time-barred after five years.
  • If someone else took out the policy, the money received is subject to inheritance tax, with a six-month deadline and a state reduction of up to €9,195.49 for close relatives; payouts from insured pension plans and similar pension products are taxed under IRPF.

Official sources

Information checked as of 30 September 2026. This guide is for information only and does not replace legal or tax advice: confirm the fee and requirements on the Ministry's electronic office, the conditions of each policy with the insurer, and inheritance tax with the tax authority of the relevant autonomous community or, if the money received is taxed under IRPF, with the Spanish Tax Agency (Agencia Tributaria).

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life insurance insurance certificate Registry of Insurance Contracts beneficiaries inheritance tax inheritance