The certificate of last will and testament is a document that you may have to request after the death of a loved one. Today at Stelae we explain what it is and how to apply for it.
What is the certificate of last will and testament?
The certificate of last will and testament is the document that certifies whether a person had made a will before their death. If so, it also indicates at which notary the will was made.
With the certificate of last will and testament, family members can request an authorised copy of the will from the relevant notary. Its main purpose is to enable the heirs to contact the relevant professional to initiate the inheritance process. It is essential to have this document in order to start any inheritance process.
What information does the certificate of last will and testament contain? In this document there are always two fundamental pieces of information:
- The existence or non-existence of a will.
- If it does exist, the name of the notary who authorised it.
It may also include other information such as any life and accident insurance that the deceased person may have taken out. However, this information will only be provided when requesting the certificate of last will and testament together with the certificate of life insurance.
Where can I apply for it?
How can I request the certificate of last will and testament? There are three ways to obtain this document:
- In person. Where do I request the certificate of last will and testament? By going to the Citizens Advice Bureau (Oficina Central de Atención al Ciudadano) or any of the offices of the Territorial Departments of the Ministry of Justice, for which you will need to make a prior appointment.
- By post. You can also send your request to the following address: Registro General de Actos de Última Voluntad (Ministerio de Justicia), Plaza Jacinto Benavente, número 3, CP 28012. Madrid.
- Via the internet. The certificate of last will and testament can also be requested online. To do this, you must access the Sede Electrónica del Ministerio de Justicia provided two requirements are met: the death occurred after 2 April 2009 and the death has been registered in the Registro Civil rather than in the Juzgado de Paz.
To request the certificate of last will and testament it is essential to fill in Form 790 correctly. You must also provide the original or certified copy of your loved one's death certificate and proof of payment of the fee, because, as we will see later on, the certificate of last will and testament has a small cost.
As it is a public document, anyone who can provide these documents can access the information in the certificate of last will and testament of the deceased person. However, only the legal heirs will be able to receive a copy of the document, if they request it. They will then be able to initiate the corresponding inheritance process.
How long does it take to obtain the certificate of last will and testament?
It is difficult to determine how long it takes to receive a certificate of last will and testament, as this depends, among other things, on the kind of application you have made.
First of all, to be able to request this document, at least 15 working days must have passed since the death of your loved one.
If the application is made in person, the request for the document will be submitted immediately. Then it will take you a maximum of 10 working days to receive it. If you request the certificate of last will and testament by post, it will take the same amount of time to receive it, although the overall process will obviously take a little longer as the time it takes for your application to arrive at its destination will have to be factored in.
How long does an online certificate of last will and testament take? Half the time: 5 days. You can then download the certificate of last will and testament and it will be fully valid.
Price of the certificate of last will and testament
It is not free to receive a Certificate of Last Will and Testament. There is a small fee for issuing this document which must be paid using an electronic banking system or at any financial institution that collaborates with the Tax Agency.
If you apply for the certificate of last will and testament online, the payment method is through the Tax Agency's payment gateway which is authorised for administrative fees. In this case, it would be fee 006.
In any case, when requesting the certificate of last will and testament, the price is the same, irrespective of the application form you have chosen to carry out the procedure. In total, the cost of issuing the certificate of last will and testament is 3.86 euros.
Remember that, in order to request the certificate of last will and testament, you must provide various documents, including the proof of payment of this fee. If you do not do so, you will not receive the document you are requesting. So do not forget to complete this step before sending your request by post or before your in person appointment. By electronic means, the process is automatic.
