One of the most common questions that arises when a family member passes away is how to know if there is a will and what it contains. In Spain, the right to make a will is strictly regulated, and there are administrative procedures in place to locate a will executed before a notary. In this article, we explain how this process works, what certificates you should request, and what to do if, in the end, there is no will.
How to Find Out If There Is a Will in Spain
Under our legal system, any person with legal capacity may make a will as many times as they wish. Each time a will is signed before a notary, the notary immediately notifies the General Directorate of Legal Security and Public Trust (formerly the General Directorate of Registries and Notaries). Thanks to this central registry of last wills and testaments, heirs can know with certainty whether a will exists and which one is valid.
What is a certificate of last will and testament?
The first step in finding out whether there is a will is to request the last will and testament. This official document certifies whether a person executed a will and before which notary public. It also indicates the exact date of execution. It is essential to understand that, even if a person executes several wills throughout their life, only the most recent one is legally valid.
In Carlos Baño Law Firm, as specialists in inheritance law in Alicante, we frequently handle requests for this certificate so that the heirs have a clear understanding of how to proceed with the distribution of assets and rights.
Documents Required to Apply
To obtain a certificate of last will and testament, you must submit the deceased person’s death certificate. This document is issued by the Civil Registry and can be requested in person or online. In addition, you must pay an administrative fee using Form 790; without proof of payment, the certificate will not be issued.
Deadline for obtaining the certificate
Normally, the certificate can be requested fifteen business days after the date of death. This timeframe ensures that, if the will was executed during the final days of the testator’s life, the notary has sufficient time to report the information to the central registry. Once the certificate has been issued, you can go to the appropriate notary to request a certified copy of the valid will.
What happens if there is no will?
If the certificate of last wishes indicates that there is no will, the estate is governed by the rules of intestate succession set forth in the Civil Code. This means that the assets will be distributed among the deceased’s relatives according to the order of succession established by law.
In these cases, interested parties must follow a procedure to Declaration of Heirs in an Intestate Succession. This process is carried out before a notary public when all the heirs are descendants, ascendants, or the spouse of the deceased. If this is not the case, it must be done through the courts. In Carlos Baño Law Firm We support our clients through every stage of this process to ensure the proper allocation of assets.
Distribution of an Estate Without a Will
The distribution of an estate without a will strictly follows the legal order of kinship: first, children and descendants; second, parents or ascendants; and third, the spouse. If there are no immediate family members, siblings, nieces and nephews, or even cousins may inherit, depending on the specific circumstances.
What happens if there are multiple wills?
It is not uncommon to find, in a certificate of last will and testament, that there are several wills executed by the same person. The Civil Code is clear: the only valid will is the last one, unless it is declared null and void. The previous ones are automatically rendered null and void. That is why it is important for the notary to always require an updated certificate.
In many cases, the existence of multiple wills reflects the testator’s desire to adjust the distribution of their assets in light of changes in family circumstances or financial status. It is advisable for anyone who has made a will to periodically review its contents and update any outdated provisions to avoid future disputes.
Can a will be revoked?
A will may be invalidated by a court if it is proven that it was executed under duress or fraud, or that the person lacked mental capacity at the time of signing. It may also be challenged if it fails to respect the statutory share of the heirs entitled to a compulsory portion. These proceedings are complex and require a detailed review of the case.
For this reason, at Carlos Baño Abogados, we analyze each situation to determine whether the will should be declared wholly or partially null and void, and what consequences this would have on the division of the estate.
Life Insurance Certificate: A Step You Shouldn't Forget
Another essential document in many cases is the Certificate of Insurance Contracts Providing Death Benefits. This certificate indicates whether the deceased had any life or accident insurance policies. It is requested at the same time as the certificate of last will and testament, also using Form 790.
How to File a Life Insurance Claim
If it turns out that there is an insurance policy, the designated beneficiaries may claim the insured amounts by presenting the death certificate, the will, and the insurance certificate. This amount is separate from the estate and is not distributed among the heirs, unless expressly provided for in the policy.
Practical Recommendations for Heirs
Settling an estate can be a simple or extremely complicated process. Our professional advice is to always consult with specialized attorneys who can advise you from the very beginning. Seeking advice in advance helps you avoid mistakes such as accepting unknown debts, signing incomplete documents, or distributing assets before taxes have been paid.
In many cases, it is preferable for heirs to reach amicable agreements to avoid joint ownership. If that is not possible, it is essential to understand mechanisms such as the dissolution of joint ownership or the sale of the property in order to distribute its value fairly.
Carlos Baño's Opinion
At Carlos Baño Abogados, we know from experience that properly managing an estate begins with determining whether or not there is a will. It’s surprising how many problems arise from failing to request a certificate of last will and testament in a timely manner or from being unaware of the existence of life insurance policies. Sometimes, this lack of knowledge leads to costly litigation and family conflicts that could have been avoided with proper planning and advice.
For us, every client is unique: we analyze each case in depth, examine the encumbrances and debts associated with the assets, review any previous wills if they exist, and plan the acceptance of the inheritance in the most advantageous and secure manner. Furthermore, we know that every family is different: a poorly structured distribution of assets can strain family relationships for years. That is why we emphasize the importance of respecting the testator’s wishes, while also protecting the rights of mandatory heirs.
If you find yourself in this situation, please don't hesitate to contact us. Carlos Baño Law Firm We are a leading law firm in Alicante specializing in inheritance and wills, with more than three decades of experience. We guide you every step of the way—from obtaining certificates to the distribution of assets—and ensure that the process is as efficient and transparent as possible.
You can easily find us at Google Maps or contact us for a no-obligation consultation. Because a well-managed inheritance means peace of mind and fairness for everyone.
