Procedures on Death in Spain.

 
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Death at Home - If the deceased has been treated by a doctor within the previous four weeks and has been receiving medical care, contact and advise the doctor of the death. The doctor will attend the body and issue a certificate. (This is NOT the Death Certificate). The Doctor will arrange to have the Tanatorio collect the body.   The Doctor who attends the death should be informed if the body has been left to science, in which case the relevant documents would have been obtained prior to death from the University of Alicante.  The Tanatorio, which acts on behalf of the University, will be contacted by the doctor.  They will arrange to have the body collected by their own funeral director.

If a Doctor has not treated the deceased recently, the local police (Policía Municipal) must be contacted and advised of the death. They will need the name and address of the deceased. Have the passport and Residencia of the deceased available as means of identification, and the names of the next of kin. The police will visit the home to authorize the removal of the body and, if needed, will advise the Forensic Judge who may also have to visit the home. An autopsy is unnecessary unless the Forensic Judge or the doctor of the deceased is in doubt as to the cause of death. The doctor or Police will contact the Tanatorio, who will collect the body. Before the body is removed, ensure that all rings, necklaces etc., have been removed.

On arrival at the Tanatorio, the staff will ask if a burial or cremation is required. You will be requested to visit the office of the Tanatorio (usually the next day), to make further arrangements.

Immediately contact any relatives who will want to attend a service of remembrance in case they have to make arrangements at work or organize travel.
Death in Hospital - If the death occurs in hospital, the next of kin may be contacted by telephone from the hospital or by the police. You must decide where you want the funeral or cremation to be held. If the funeral is to be held in Torrevieja, contact the Funeral director of SAMPER LA INMACULADA Tel: 966 701 818. The funeral arrangements for those who die in the Vega Baja Hospital can also be made at the Tanatorio in Orihuela, which is close to the Hospital. This may be less expensive than moving the body elsewhere. Visit the Tanatorio within 24 hours in order to make the funeral arrangements.

If the deceased was in hospital in Alicante, San Juan, San Vincente or Elche, then the funeral director at the Tanatorio in Torrevieja could, on your instructions, arrange for the body to be cremated in Alicante. This arrangement also tends to be less expensive than transporting the body elsewhere and does not require the presence of relatives. The ashes will be returned to Torrevieja and a service of remembrance can be held at the Tanatorio. (return to top of page)

Liaising with the Tanatorio - It is necessary to attend the Tanatorio as soon as possible after a death, in order to make arrangements for the burial or cremation. This is done by speaking to the Director and filling out a simple form of Contract.  There is no crematorium in Torrevieja. The nearest is at San Pedro del Pinatar, in Murcia.

Please note that if death was the result of a road traffic accident or other situation where some criminal action may have occurred, then the body will only be released after an application has been made to the Court. This will require the intervention of a Judge (Juzgado)

Be ready to produce the following documents or information at the Tanatorio:

  • Passport or Residencia of the deceased.
  • Passport or Residencia of the person (usually next of kin) giving instructions to the Tanatorio
  • Particulars of Insurance company, if applicable
  • Details of the place, date of birth, marital status and
  • Permanent address of the deceased in Spain or elsewhere.
  • The Tanatorio will want to know if the deceased wore a pacemaker.
  • You will be asked if you want to see the coffin that is being purchased.
  • You may be asked to take clothes to dress the body.
  • You will be asked to state whether you want a cremation or burial. In the case of a cremation, the ashes will be available for collection at some point later, so ask when this will be.
  • You will also be asked what you intend to do with the ashes because different urns are used for different requirements. For instance, if the ashes are to be scattered at sea, they will be put in a different container than ashes that are to be buried or returned to the U.K., (in this case the urn has to be of a special kind and sealed)
The Service - The Tanatorio has a chapel and can arrange a service by a pastor or priest. If a service is to be held, you will have to specify the Minister i.e. Protestant, RC etc.. However, if you wish to arrange the service yourself, contact a local minister or suitable person to officiate at the service. Any other special requirements should be discussed, e.g.
  • Whether the body is to be clothed in any particular way for burial – (As mentioned previously, you may be asked to supply a set of clothes for the deceased.)
  • Any particular requests that were made by the deceased.
  • The choice of music to be played
  • Whether the body is to be 'laid out'.
  • Whether the body is to be available for viewing before the funeral.
Documents - Find out whether the Tanatorio are in possession of any documents that were with the deceased in hospital, such as a Passport, residencia card or driving license. Any such documents should be collected at a later date from the Tanatorio.

Normally, the passport is sent directly to the relevant Consulate for cancellation and then returned to the Tanatorio. However, if the passport of the deceased is returned intact to the next of kin by the Tanatorio, a photocopy of it must be sent to
The British Consulate, at Plaza de Calvo Sotelo 1-2 Apartado Correos 564, 03001 Alicante . This should be done immediately, so that the passport can be cancelled.
Flowers - The Tanatorio can arrange floral tributes i.e. wreaths, bouquets, sprays and they will have the donors names placed on the ribbon. Any personal messages should be on a card placed by the donor just prior to the service. If desired, flowers can be arranged privately with a local florist. If this is done be sure to give delivery instructions so the flowers are available before the service. Personal messages should be on a card placed by the donor just prior to the service.

Donations - You may wish to have donations offered by family and friends collected by a responsible family member and forwarded on to the appropriate charity or beneficiary

Burial - Funerals are normally held within 24 hours of death in Spain but they can be delayed to allow for family or friends to arrive. In this case the body will be kept in a morgue at additional cost. If a burial is required in the cemetery the coffin is normally placed in a recess, known as a niche (nicho). The cost of a niche is determined by its position and also by the number of years required, which can be 10 or 50.  The cost of the burial includes deeds to the niche. A plaque or stone for the niche has to be arranged privately. The cemetery can recommend a suitable mason. The Tanatorio can also arrange this at a later date.

Cost - Once all arrangements are agreed, request a total cost and ask for a full breakdown of the bill and ascertain when payment is required. You will be presented with an invoice and a deposit may be needed. The cost at present is 2500€ to 3000€. If a funeral policy exists, advise the insurer immediately as Insurance companies sometimes make their payments directly to the Tanatorio. The transport of a body to the country of origin for cremation is a very expensive procedure because the body has to be embalmed and transported in a lead-lined coffin. (return to top of page)

List of Organizations and Individuals to be Informed - The death certificate, issued by the Civil Registry (Registro Civil) at the Court Building (Juzgado) has to be signed by a judge and it can take anything between three days and three weeks to be available for collection. The Tanatorio sometimes obtains this for you. Request as many original death certificates (copias originales) as you think you will need. As a guide, if the deceased was a British citizen, the following authorities/agencies will require a death certificate:
  • Registro Civil in Madrid for a certificate stating whether the will presented was the last one registered
    (Certificado de Ultimas) or, if no will has been registered.
  • British Consular Office in Alicante
  • Ayuntamiento - The Town Hall re removal of information from the Padron regarding the deceased.
  • Traffico - in Alicante re driving license cancellation.
  • DVLC in UK if the deceased had a UK Driving Licence.
  • Department For Work And Pensions in the UK (Tyneview Park, Newcastle upon Tyne)
    if the deceased was in receipt of a British State Pension.
  • Paymaster General if the deceased received payment from a State or company pension in the UK.
  • Inland Revenue if the deceased paid UK tax.
  • Probate Office if a UK Will existed, or if the deceased owned property or had assets in the UK
  • Banks (in UK, Spain and elsewhere) where the deceased held accounts
  • Insurance Companies that held life policies on the life of the deceased.
  • Yourself, for your own records. You will need this if you decide to rent a niche for the deceased or
    remove the remains to a different place at a future date.
If, in due course, you discover that you obtained insufficient original certificates, go back to the Registro Civil and request more.  In case you have to explain why you need extra certificates, be ready to produce a list of those requiring the extra Death Certificates. (return to top of page)
Wills and Inheritance - Assets in Spain: This section is of particular importance to those who owned property jointly with the deceased.

Firstly, apply to the Registro Civil in Madrid for the Certificado de Ultimas Voluntades. The easiest way to do this is through a gestoría who will send them an original copy of the death certificate with full details of the deceased. However, the appropriate official form, which has to be completed, and an envelope can be obtained from a tobacconist, if you have sufficient fluency in Spanish to do it yourself. The death certificate will be returned from Madrid with the Certificado de Ultimas Voluntades. This usually takes about two to three weeks.

When the certificate arrives, take it to a notary where the inheritance deed (Escritura de Aceptación de Herencia) will be prepared. This is the deed that has to be signed by all heirs (or their representatives) simultaneously, to confirm that they accept their inheritance. Any heirs not in Spain can appoint a representative (holding their power of attorney) which can be arranged by their nearest Spanish Embassy or Consulate.

To prepare this deed, the notary will need full details of all assets, deeds and the last Urban Tax receipt for any property, documentation covering bank accounts, shares, etc. Be sure you understand exactly what is required so that the Escritura de Aceptación de Herencia is correctly prepared. Once the Escritura de Aceptación de Herencia has been signed, you will be given an original, plus several official copies. These must be taken to the tax office to pay the death duties.
Remember death duties must be paid within six months of death or surcharges will be applied.

If you are unable to complete the Escritura de Aceptación de Herencia within this time, you can present an autoliquidación by going to your nearest Spanish tax office, completing the appropriate form and paying the estimated taxes. These taxes will be adjusted later when the deed is available.

If property is involved, proof that any tax has been paid, plus the stamped inheritance deed must be taken to the Property Registry (Registro de Propiedad) so that the name(s) of the new owner(s) of property can be registered. Another copy of the inheritance deed must then be taken to the local Town Hall to pay the (Plusvalía) tax, which must also be paid within six months. It is advisable that you rely on professional advice in all these matters.

Assets in the UK - If the deceased made a U.K. will and appointed an executor, that person should be contacted immediately and sent an original copy of the death certificate ratified by the local British Consular Office.

NOTE:The British Consular Office should ratify all death certificates sent to the UK because they will be in Spanish unless, of course, an official translator has already translated them. If no executor was appointed, or you are the executor, you have two options:

  • You can appoint someone in the U.K. (usually a lawyer) to act on your behalf by power of attorney.
  • You can tackle the matter yourself.

In the case of the latter, apply to the Probate Office for the necessary forms. You will have to attend the Probate Office for a personal interview, so it is advisable to select an office within easy reach. The forms come with complete instructions but, if you are unsure of how to proceed, consult an expert.

At present, death duty is payable on estates in the U.K. valued at over £200,000.An extra stamp duty form (for the Inland Revenue) must be completed in this case.

Any death duties due must be paid within six months of death. If, for any reason you are unable to complete the Probate Forms within this time, contact the Inland Revenue and pay them the estimated tax amount. Any difference will be adjusted later when the Probate Forms have been completed and Probate granted.

NOTE: Most non-Spaniards find it easier to employ professionals to assist with the paperwork. (return to top of page)

Death without a Spanish Will having been made - A Grant of Probate must be obtained from the Probate office in the UK in order to prove who has the right to any inheritance. The documents must be translated into Spanish by an official translator and have the Hague Convention Apostille attached. To seek a Public deed of inheritance, the Spanish solicitor will require the following:

  • A grant of Probate.
  • A Death Certificate for submission to the Ministry of Justice to establish if a will was registered with them.
  • A Certificate from the Ministry of Justice that will certify if a will exists.
  • The title deeds of any house or property in Spain.
  • A certificate from each bank where accounts exist stating the details of the balance of each

The importance of making a Spanish will cannot be stressed enough because it simplifies the winding up of the estate following a death. Some couples hold bank accounts in joint names. Inheritance Tax is payable even on these accounts. The account or half of the money in the account may be frozen in the event of one spouse dying, once the next of kin has notified the bank. Therefore, open a new account at a different bank, before advising the bank about the death. The new account should be in the name of the surviving spouse using the money from the existing joint account. However, sufficient funds should be left in the joint account to cover any immediate standing orders and cash transfers to cover future standing orders should be arranged from the new account.

Make sure that any pension companies or other income sources in the UK are advised of the details of the new account.
New contracts should be signed with the central services i.e. water, electricity and new standing orders should be arranged from the new bank account.   (return to top of page) (home)
 

This is just one Information Sheet produced by Help Torrevieja – it was last updated 4 May 2004
www.san-miguel-de-salinas.com acknowledges Help Torrevieja for their assistance in providing this information.