What to do in the event of a death in Spain
It happens and it's not fun but on holiday or if you live there, a death may happen in Spain. In the cases of holidays, you can contact travel insurance who will then arrange everything through the emergency centres. But what should you do if you live there or do not have travel insurance? Therefore, a brief overview of some important steps.
Thanks to the website living in Spain and the website of the (Dutch) embassy, we can make an overview of the steps to take when a death has occurred in Spain. In doing so, we can distinguish it into two scenarios, one if one lives in Spain or stays there for a long time and does not have travel insurance (A) and one if one does have travel insurance and dies as a tourist (B).
A. What to do in the event of a death (in the case of residents)
The first steps to take in the event of a death are as follows:Call the police (Policía Municipal or Local) on the national telephone number 092.
Contact a doctor, if the police have not already done so, as he will establish the death and also issue a death certificate. Contact a funeral home (tanatorio) so they can collect the body. Do keep the identification papers handy, otherwise the body will not be taken away.
Report the death to the Population Department (Registro Civil) within 24 hours; one can find this department at the local town hall. In most Spanish regions, a body must be buried or cremated within 24 or 48 hours. If the death takes place in a hospital, the hospital administration will handle the previous steps. Funeral directors (funerarias) have a licence to bury (entierro) or cremate (cremación) the body. They can help obtain the death certificate.
When a death occurs, the last attending doctor (or the doctor who determined the death) will issue the death certificate. This document confirms the death of a person. In the case of foreigners dying in Spain, a judge must attend in most cases to establish death before a body may be removed. If the death occurs in suspicious circumstances or where an investigation is necessary, an authorisation from the judicial authorities is always necessary to confirm the death.
The death certificate (certificado de defunción) will be issued by the municipality's Population Department and several copies may be requested.
1. Registration of death
Within 24 hours of the death, the death certificate must be delivered to the municipality's Population Department, where the death will be officially registered. The registration includes the date, time and place of death. Anyone with knowledge of the death may have the registration done but usually it is a member of the family, a friend or a neighbour of the deceased. In most cases, registration will be done at the Population Department in the deceased's place of residence. The certificate of death, showing the cause of death, must be delivered at the time of registration.When the registration of death is done then a permit to bury the deceased is delivered. The registration of death is free of charge and it must contain the following information:
Name and first name of the deceased
Names of the deceased's parents
Marital status
Nationality
Date and place of birth
Details of birth registration
Last known place of residence
Date, time and place of death (as stated in the death certificate prepared by the doctor)
Place of burial or cremation as indicated on the government death certificate by the cemetery official.
2. Burial and cremation.
A burial or cremation takes place within 24 or 48 hours but this can be extended by arrangement with the mortuary. If the deceased has made specific arrangements for a religious service, burial or cremation then this wish should be followed. Funerals are most common in Spain. If the deceased or relatives want cremation then this should be made known to the doctor who certified the death so that it can be mentioned on the death certificate. Funeral insurance is available in Spain or one can choose to pay to the undertaker in advance.Once the registration of death is done then a licence to bury the deceased is issued. The registration of death is free of charge and it must contain the following information:
Name and first name of the deceased
Names of the deceased's parents
Marital status
Nationality
Date and place of birth
Details of birth registration
Last known place of residence
Date, time and place of death (as stated in the death certificate prepared by the doctor)
Place of burial or cremation as indicated on the government death certificate by the cemetery official.
What to do in case of the death of a tourist in Spain:
Contact the travel insurance company. They will take care of all the administration. If there is no travel insurance then you have to pay all expenses yourself. If applicable, contact a representative of the travel company. Contact the embassy in Spain. Contact the local authority yourself or get a reception to do so. The local authority will prepare the death certificate. If this is not possible, the embassy or consulate will prepare the certificate.1. Register death
It is important to register the death of your travelling companion or a family member with the local authorities in the country. For example at the town hall. The local authorities will give you two documents. You will need these to transport the deceased's body to your home country: a death certificate and a laissez-passer for the deceased.2. Mediating laissez-passer
Are you unable to obtain a laissez-passer for deceased persons from the local authorities? Then the embassy or consulate can mediate. To do so, you will need the following information: extract from the death register, a doctor's statement, a declaration that preparations for transporting the mortal remains have been made in accordance with the rules. You will get these from the funeral director or government agency.3. Assistance from embassy, consulate or ministry
The embassy, consulate or Ministry of Foreign Affairs will try to assist the next of kin as much as possible. They also give advice. For example, about requesting a death certificate.4. What do I need to arrange to transport the body?
Does the deceased have travel insurance and funeral insurance? Then the insurance company's emergency centre will arrange for the body to be transported to your own country. The embassy supports the emergency centre if necessary. The travel insurance covers the costs of transport to your own country.5. What if the deceased is not insured?
Does the deceased not have travel insurance? And the family still wants the deceased to be transported to your own country? Then the next of kin pay the costs of transporting the body to their own country.Is the death the result of an accident or crime? Or is there any doubt about the cause of death? Then the embassy or consulate may request a copy of the medical report, autopsy report or police report. This may involve costs for the next of kin. The embassy or consulate cannot investigate a possible crime itself. They must comply with local laws.
