When a person passes away, certain procedures are required which are described below.
1. In the first 24 hours
You must obtain two documents during the first 24 hours following a family member's death, which will enable you to handle all the procedures:
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Medical certificate of death: this is the document that proves the cause of death.
It will be given to you by the doctor who cared for the deceased during their final illness or any other doctor who can recognise the corpse and verify the death with certainty. This document proves the cause of death.
In the event that there is a court order or judgment that affirms the death with certainty, it is not necessary to obtain the medical certificate of death. -
Death certificate: this is the official document you will need to handle all other procedures.
To obtain it, the death must be registered with the Civil Register in person or online. It must be done within 24 hours of death and you must submit the medical certificate of death or the court order affirming death. The Civil Register reports the removal of the deceased from the municipal register of inhabitants ex officio.
Normally, the funeral home is responsible for the registration with the Civil Register on behalf of the family. Nonetheless, anyone who has verifiable knowledge of the death can do so as well. The paperwork must be handled at the Civil Register in the place where the death occurred. However, there are some exceptions and special rules:
- If the place of death is unknown, the death will be recorded in the Civil Register of the place where the body was found.
- To register a death that occurs during the course of a trip, the Civil Register where the burial will take place or, if there is none, the Civil Register of the town or city where the corpse is first brought to will be competent.
- In the event of a shipwreck or air disaster, the competent Civil Register shall be the one in the place where the initial proceedings are conducted. If no proceedings are conducted by Spanish authorities, the jurisdiction shall be determined by the place of the accident.
In certain cases, such as death during the course of a trip, the registration may be transferred to the Civil Register of the deceased person's residence at the request of the heirs.
2. Funeral ceremony: burial or cremation
Once you have registered the death with the Civil Register, they will give you the burial licence (authorisation). In the event that there are indications of a violent death, the licence will be suspended until the status of the proceedings permits it.
Burial
Burial must generally take place at least 24 hours after the time of death.
Cremation
A person can request being cremated themselves or an immediate relative who knows this is their wish may request it. If the family members are the ones who make the request, they must inform the medical practitioner so the latter can expressly record it on the medical certificate of death.
In the city of Barcelona, people who can prove a lack of financial resources or charitable entities that have housed people up to the time of their death can ask for free or discounted funeral services in the city.
3. During the 15 days following death
Certification of last wills and testaments
This document proves if a person has drafted a will or testaments and with which notary or notaries public.
It can be requested online, in person, or by post 15 days after the death. The official death certificate (original or certified photocopy) must be submitted.
Insurance certification
This document makes it known if burial and the tomb have been paid while the deceased was alive for the interment of their remains. If this is the case, the relatives must submit the documentation proving this circumstance to the funeral home.
4. Will or Declaration of Heirs
To obtain it, a copy of the will must be requested from the notary public. You must submit the death certificate and the certificate of last wills.
If there is no will, a declaration of heirs must be made with a notary public (if it involves the mother, father, wife/husband, or children) or in court (by other heirs). Once this has been done, the inheritance can be divided.
The inheritance may be accepted or waived. The inheritance tax must be settled within six months.
5. Benefits
The following Social Security benefits may be claimed:
- Widow or widower
- Orphan
- Death assistance
- Subsidies for family members
- Dependent child benefit