Last Will and Testament Certificate
- What is it?
- Who can request it?/present
- Delivery periods
- Further information
- How to request it/present
What is it?
The last will certificate is the document that certifies whether a person has made a will/s and, if so, before which Notary/ies. In this way the heirs can contact the Notary who authorised the last will and testament and obtain a copy (authorised) of it. This document is required for any succession procedures.
Documentation and necessary requirements
NOTE: The information in this section only applies if you are going to make your application in person or by post. If you have a user’s electronic certificate you can choose to process your application electronically, for which you will need to go to the The Ministry of Justice Web Site
APPLICATION-This must be done using Model 790, which can be downloaded from this page or is available, free-of-charge, at the following places:
The request cannot be presented until 15 working days have elapsed from the date of death.
- Death Certificate, which must be the original or a certified photocopy, issued by the Civil Registry in the region where the individual died, and which must state the names of the deceased person’s parents.
IMPORTANT: IF THE DATE OF DEATH IS AFTER 2 APRIL 2009 AND THE DEATH HAS NOT BEEN REGISTERED WITH A JUSTICE OF THE PEACE.THE DEATH CERTIFICATE DOES NOT HAVE TO BE PRESENTED. In this case, the deceased’s National Identification Number/Foreigner Identification Number (if there is no Foreigner Identification Number then use the passport number or, if this does not exist, the number of another identification document from the person’s country of origin) must be recorded.
PAYMENT OF THE FEE.– Proof of payment of the fee, which may be accredited in any of the following ways:
- Payment via electronic bankingIf you have an account open and a digital signature allowing you to use the services provided by any of the financial entities collaborating with the Tax Agency, you can make the payment through their online banking services.To do so, first download Form 790 from this website and fill in your Número de Justificante (Receipt Number) in the “Tasas Administrativas 790” field of your online banking system. If there is an option called “Código 006 Tasas Administrativas Ministerio de Justicia”, fill it in there as well.
To have the certificate issued you must submit a Comprobante de Pago (proof of payment ) along with the sheet from Form 790 called “Ejemplar para la Administración” (Administration’s Copy) to the Tax Office at the window, or else send them by post. To be valid, your Comprobante de Pago (proof of payment) must include the Número de Referencia Completo (full reference number or ‘NRC’) provided to you by the online banking system.
- Other means of payment:
- In Spain.You may fill in Form 790 and bring it to a financial entity collaborating with the Tax Agency (nearly all of them do) to make payment. Payment will be accredited through machine validation or an authorised signature from the financial entity on the sheet from Form 790 called “Ejemplar para la Administración” (Administration’s Copy), which will have to be submitted at the Tax Office window or sent by post for the certificate to be issued.
- From abroad.You may sign Form 790 and bring it to the local branch of a Spanish financial entity collaborating with the Tax Office and present in the country where the application for the certificate is being filed. Payment will be accredited through machine validation or an authorised signature from the financial entity on the sheet from Form 790 called “Ejemplar para la Administración” (Administration’s Copy), which will have to be forwarded.You may also pay the fee via bank transfer, so long as the transfer is being sent from accounts open in banks located outside of Spanish territory. To send the transfer, use the IBAN or International Code for the Ministry of Justice’s restricted deposit account, the details of which are provided below. Send the original copy of the proof of payment along with the sheet from Form 790 called “Ejemplar para la Administración”.
- BANK: BBVA
- ACCOUNT HOLDER: Ministerio de Justicia – Cuenta Restringida Recaudación Tasas Extranjero (Ministry of Justice – Blocked Account for the Collection of Fees from Abroad)
- TAX IDENTIFICATION NUMBER OF THE ACCOUNT HOLDER: S-2813610-I
- IBAN or International Bank Account number: IBAN ES62 0182 2370 4202 0800 0060
- BBVA Bank Identification Code (BIC): BBVAESMMXXX
FEE PRICE: 3,78 € (By the date of this present article)
IMPORTANT: Special care should be taken that the correct amount of the fee is paid, as the financial entity is not able to refund mistaken amounts paid; requests for reimbursement will require that the interested party initiates a procedure for the refund of undue payment.
Who can request it?/present
Anyone can apply for it provided that they present the required documents or, in the cases of an electronic application, if the necessary death data is available electronically.
The period for the issuance of these certificates is 10 business days when requested by ; and half of that when requested . In situations of heightened demand, the issuance of certificates might suffer occasional delays.
IMPORTANT: THE LAST WILL CERTIFICATE MUST BE LEGALISED IF IT IS TO HAVE VALIDITY OUTSIDE OF SPAIN. DO NOT FORGET TO MENTION THIS FACT WHEN MAKING AN APPLICATION WHEREVER CERTIFICATES ARE ISSUED. (Universal legalisation or The Hague Apostille)
How to request it/present
In person –
Where to present it.
- Autonomous Community of Madrid: In the Central Office of Citizen Services.
- Rest of Autonomous Communities: In the Regional Offices of the Ministry of Justice.
Ways of receiving the certificate:
Via the same channel through which the application was made, unless another of the means of reception is expressly stated.
How long does it take to be issued?
When the application is made in person the certificate is usually issued there and then. However, in certain cases a longer period may be required but in general this does not exceed 3 working days. The deadline the Administration has for issuing is 10 working days from the date the application is presented.
Where to process it
Your application can also be sent by post to the following address:
Registro General de Actos de Última VoluntadMinisterio de JusticiaPlaza de Jacinto Benavente, 328012 – Madrid.
Ways of receiving the certificate:
The certificates requested by post will be sent by the General Register of Last Wills and Testaments to the address stated in the “Identification” section of form 790.
How long does it take to be issued?
When the application is made by post, the certificate is usually issued within 4 working days from the date the application is received, although in some cases more time is required. In any case, the time required to issue the certificate should not exceed 10 working days from the date of reception which is the legal deadline the Administration has for issuance.
Last Will and Testament Certificates applied for by POST from ABROAD
Applications for last will certificates will be sent to the General Register of Last Wills and Testaments. Ministry of Justice. Plaza de Jacinto Benavente, 3. 28012 Madrid, with the following documentation:
- Original death certificate issued by the Civil Registry or corresponding agency of each country, duly legalised and translated.
- The document providing proof of payment of the fee. If payment is made outside Spain.
- You must take a signed form 790 to a Spanish financial entity that works with the Tax Agency and has a branch in the country where the certificate is being requested. Proof of payment will be provided through machine validation or authorised signature of the financial entity on the “copy for the Administration” part of form 790 which must be sent.
- Alternatively, you can pay the fee via a bank transfer, provided that said transfer is made from an account opened with a bank outside national territory. To make the transfer, you should use the IBAN or International Code of the Ministry of Justice restricted deposit account, details of which are given below, and you should send the original proof of payment receipt, together with the “copy for the Administration” of form 790.BANK: BBVAACCOUNT HOLDER: Ministerio de Justicia – Cuenta Restringida Recaudación Tasas Extranjero (Ministry of Justice – Foreign Fee Collection Blocked Account)
NIF (TAX IDENTITY NUMBER) OF THE ACCOUNT HOLDER: S-2813610-I
IBAN or International Bank Account Number: IBAN ES62 0182 2370 4202 0800 0060
Bank Identification Code (BIC) of the BBVA: BBVAESMMXXX
If the Link is not working, try this one: https://sede.mjusticia.gob.es/cs/Satellite/Sede/en/tramites/certificado-actos-ultima#_ga=2.218804570.235751792.1566476714-151783318.1566476714
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