Locate a will in Spain (for non‑residents)
To locate a will in Spain you do not search notaries one by one; you follow a centralized process anchored in the Last Will Certificate. This in‑depth explanation covers the documents you need, waiting periods, proof‑of‑interest standards, how to handle multiple wills over time, and what to do when there is no will at all. With a clear roadmap, you can locate a will in Spain swiftly and start the inheritance without unnecessary delays.
Jacob Salama
9/23/20252 min read
Documents and waiting periods (set expectations early)
Begin with the death certificate. If issued abroad, add apostille/legalization and sworn translation. Be aware of the required waiting period after death before the central registry reflects the last will; applying too early triggers a negative certificate that must be repeated later. Check that personal data (names, IDs) match across documents; small inconsistencies cause notarial queries.
Getting the Last Will Certificate (the pivotal step)
Apply for the Certificado de Últimas Voluntades. This official document states whether a will exists and identifies the notary and date. If several wills exist, the latest valid one governs; the certificate will point you to it. This is the essential step to locate a will in Spain accurately—without it, you are guessing. A lawyer can file the request and collect the certificate on your behalf if you reside abroad.
Contacting the notary and obtaining copies (and which copy you need)
Once you have the certificate, approach the notary named on it. Provide identification and proof that you are an interested party (heir/legatee). The notary can issue simple copies for reading and authorized copies for legal effect. If banks or the Land Registry will be involved soon, order authorized copies at once to avoid a second visit. For households with assets across regions, request several certified sets so different procedures can run in parallel.
If there is no will (use the notarial declaration of heirs)
When no will exists, the notary prepares a declaration of heirs identifying relatives entitled to inherit under Spanish intestacy rules. You will need civil status certificates, sometimes witnesses, and translations/apostilles if documents come from abroad. This instrument enables you to proceed with acceptance of inheritance and registration of assets even without a will.
Practical tips (save days, not minutes)
Engage a Spanish lawyer to coordinate the certificate request, the notary appointment, and any translations or apostilles. Keep spellings and dates consistent across all documents; errors create circular requests. If a foreign will exists, bring a legalized copy and translation; the notary will assess its validity and interaction with Spanish mandatory succession rules.
Need to locate a will in Spain fast? We handle it end‑to‑end. Start your request at our contact page or email taxlegalspain@gmail.com or call +34 644121802 . Contact form: our contact page