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Probate Service

We know that you may be going through a difficult time, and we want to help you through the inheritance process. Consult this guide to help heirs where you can find step-by-step information on the necessary procedures and documentation.

Practical Guide Wills

Inheritance processing in 4 easy steps

We will be by your side every step of the way, the important thing is to be supported

Below, you will find the steps you need to follow and the documentation you need at each stage in order to process your inheritance.

Request a certificate

Inheritance tax settlement

Processing request

Distribution

FAQs

Step 1: Request for certificate of positions

The first step in processing an inheritance is to notify the bank of the death and request the position certificate at the date of death.

This document accredits the ownership and balances of the products that the deceased had at Banco Santander and is necessary to settle the Inheritance and Gift Tax.

Before going to the bank, along with the ID of the heirs, you must also gather the following documentation:

Death Certificate

What is it?

This document certifies the death of a person. It is an official informative document issued by the Civil Registry (Registro Civil).

How do I request one?

In person: at the Civil Registry where the deceased is registered, with the ID of the person requesting the certificate.
By postal mail: by sending an email to the Civil Registry, clearly indicating the name and postal address to which the certificate is to be sent and stating the following information in your request:

Name, surname(s) and ID card number of the person requesting the certificate.
Name and surname(s) of the deceased and place and date of death.

Online: through the official website of the Ministry of Justice.

Certificate of Last Will

What is it?

This is a mandatory document issued by the Ministry of Justice, accrediting whether a person has made a will and the notary before whom it was drawn up.

When does it have to be requested?

Once 15 business days have passed from the date of death by completing Form 790, which can be downloaded from the website of the Ministry of Justice, or obtained at no cost from any Territorial Division of the Ministry of Justice, including also receipt of payment of the corresponding fee (which can be paid at any branch of Banco Santander) and a full death certificate (certificado literal de defunción) issued by the Civil Registry.

How do I request one?

In person: at the Central Citizen's Advice Office (Oficina Central de Atención al Ciudadano) (Calle Bolsa,8) if the request is being made within the Autonomous Community of Madrid, or at any Territorial Division of the Ministry of Justice for all other Autonomous Communities.

By postal mail: by sending your request to the following address: Registro General de Actos de Última Voluntad, Ministerio de Justicia, Plaza Jacinto Benavente 3, 28012 Madrid.

Online: through the official website of the Ministry of Justice where all the information is available for consultation.

Will o Sworn Statement of Heirs o Family Book

How is it done?

It is the document that certifies the death of a person. It is an official informative document and it is issued by the Civil Registry Office.

At any Banco Santander branch, providing the necessary documentation. Make an appointment in advance.
And if you are a customer, you can also do this through your online banking service (access with your passwords to the Procedures/New Applications/Certificates).

Remember…

If you wish, you can also request the movements of the accounts for the year prior to the death at any Banco Santander branch.
Unless the heirs and co-owners indicate otherwise, the bank will continue to honour payments and receipts paid directly into the account of the deceased.
If the deceased had taken out life insurance policies, the corresponding information notes shall be provided together with the position certificate.

How is it done?

At any Banco Santander branch, providing the necessary documentation. Make an appointment in advance.
And if you are a customer, you can also do this through your online banking service (access with your passwords to the Procedures/New Applications/Certificates).

Remember…

If you wish, you can also request the movements of the accounts for the year prior to the death at any Banco Santander branch.
Unless the heirs and co-owners indicate otherwise, the bank will continue to honour payments and receipts paid directly into the account of the deceased.
If the deceased had taken out life insurance policies, the corresponding information notes shall be provided together with the position certificate.

Step 2: Inheritance Tax Settlement

The settlement of the inheritance tax is a prerequisite for the disposal of the deceased's assets. In this settlement, you must include all the deceased's products that appear in the Certificate of Positions previously provided by Banco Santander (except pension plans). As a result of this settlement, the heirs will either pay the inheritance tax or obtain the corresponding declaration of exemption or prescription of the inheritance tax.

How is it done?

The deadline for paying the tax is 6 months from the date of death to the tax authority of the Autonomous Community in which the deceased had their last residence. If the deceased and/or the heir did not have their principal place of residence in Spain, the settlement will be made at the State Tax Agency (Agencia Tributaria Estatal).

Remember…

The heirs can pay the amount of inheritance tax out of the deceased's positions at Banco Santander.
Banco Santander can deliver this amount by means of a bank cheque made payable to the corresponding Tax Administration or by debiting the account of the letter of payment.

Step 3: Application for processing the inheritance

You have the certificate of positions and have paid inheritance tax. The next step is to make arrangements for execution of the inheritance on a form that will be supplied to you by the bank.

With this form, the person concerned identifies the deceased individual and provides contact details so that Banco Santander can contact them if necessary. You can go here to download the form.

How is it done?

At any Banco Santander branch, providing the necessary documentation.

Document (notarised or private) of acceptance and distribution of legacy.
Payment of the inheritance and donations tax.

Remember…

If the deceased had taken out pension plans, life or accident insurance, other forms must be filled in and submitted along with additional documents.

Step 4: Distribution of the inheritance

In order to carry out the distribution, Banco Santander verifies the documents provided by the heir and proceeds to:

To distribute or change the ownership of bank deposits on the terms indicated by the heirs in the Document of acceptance and partition of the legacy (notarised or private).
Settle the amount of pension plans and benefits provided for in life, savings and accident insurance.

How is it done?

The Bank will contact you personally to inform you about how to manage the deceased's balances and products.
If you need to sign contracts for the transfer/arranging of any product, you can do so at any Banco Santander branch.

Remember…

If the balances of the accounts have changed since the date of death, the heirs must sign new instructions for distribution of the current balances.
If the deceased had securities and/or investment funds, the heirs must sign the contracts. In the case of shares, they may be transferred to a securities deposit opened with another financial institution, and to this end the certificate of ownership must be submitted.
If the deceased had loans or credits, you can go to a Banco Santander branch where they will provide you with more information.

FAQs from users

Step 1: Request for certificate of positions

There is no specific deadline, but we recommend that you notify us as soon as possible so that we can start the probate process and start disposing of the assets.

This is a mandatory document issued by the Ministry of Justice, accrediting whether a person has made a will and the notary public that drew it up.

For a person who has not made a will, the “acta de notoriedad” is a notarised document naming the heirs.

This can be done via a public document (drawn up by a notary public) or in a private document signed by all the heirs. Their signatures must be acknowledged by the bank or authenticated before a notary public.

Once the death has been reported, the following measures are applied to the accounts and products held by the account holder:

Cancellation of authorisations and proxies granted by the deceased.
If there are surviving joint account holders on file, the corresponding authorisations and proxies will remain in place.
Cancellation of the deceased person's cards.
Cancellation of the multichannel contract and other remote channels in the name of the deceased.
Blocking of share deposits and investment fund shares.

Bills, payments and direct debit transfers will continue to be honoured unless otherwise instructed by all the heirs.

From the month after the death, the pension payment will no longer be applicable, so Banco Santander, at the request of Social Security, will return the requested amount.

Step 2: Payment of inheritance tax

It must be paid within six months of the death.

Yes, it is possible to use the assets held by the deceased at the bank to pay the taxes. In order to do so, death and inheritance rights must be proved and all the heirs must issue instructions to this effect.

Step 3: Application for processing the estate

This procedure may be carried out by anyone with a legitimate interest in the estate, who must prove this status by providing a death certificate, certificate of last will and testament or declaration of heirs signed before a notary public.

Step 4: Distribution of the estate

Appendix 5 must be signed by all the heirs: Document terminating joint heirship.

The usufructuary has the right to receive the profits and income of the products subject to the usufruct (interest, dividends, etc.). The bare owner retains ownership of the products but does not receive their profits and income.

A new document signed by all the heirs must be provided, where said balances are allocated with full ownership, since it would be operationally impossible to allocate said balances under the usufruct and bare ownership regime. Appendix 7: Document for allocating current cash deposits with full ownership (current, savings and fixed-term accounts).

According to applicable tax law, usufruct is valued using the following formula:

89 – age of the usufructuary

The result obtained will be the percentage of the usufruct value.

Meanwhile, bare ownership is assessed with the following formula:

100 – usufruct value

The result obtained will be the percentage of the value of bare ownership.

Example: if the usufructuary is 60 years old, the usufruct value is 89-60 = 29. The usufruct value is 29% of the balance under full ownership. And the value of bare ownership will be 100-29 = 71. In other words, the party with bare ownership will be awarded 71% of the balance under full ownership.

The heirs receiving these products must go into a bank branch in order to sign the corresponding contracts. Shares may be transferred to a securities depository opened at another bank. In the latter case, a certificate of ownership must be provided.

If the deceased had loans or credits, you can go to a Banco Santander branch where they will provide you with more information.

Do you have doubts?

We put at your disposal our heir orientation service. Call us at 900.10.49.28 monday to friday from 9 a.m. to 1 p.m. (except holidays). For more information, you can also go to our offices, make an appointment at the branch.