How to claim life insurance in Spain after a death

How to claim life insurance in Spain after a death: finding the policy, documents, deadlines and who gets paid

When someone close to you dies in Spain, especially if they were a foreign resident, the paperwork can feel like a second blow. One question comes up sooner or later: did they have life insurance here, and how do you actually claim it? Spanish procedures, certificates and deadlines are not the same as in the UK, Ireland or elsewhere, and unclaimed policies are more common than you might think.

Quick answer: first find out whether a policy exists, using the Spanish Ministry of Justice’s Certificado de Contratos de Seguros de cobertura de fallecimiento. Then notify the insurer and gather the documents: Spanish death certificate, medical certificate stating the cause, the últimas voluntades (last wills registry) certificate and the latest will, and proof of who the beneficiary is. Spanish inheritance tax has to be filed before the payout. You have five years to claim.

Step 1: find out whether there is a policy

Spain has a central Register of Life Insurance Contracts (Registro de Contratos de Seguros de cobertura de fallecimiento). Anyone can request a certificate from the Ministry of Justice showing which policies covered the deceased and with which insurer. If there were none, the certificate says so.

• Included: life policies with death cover and accident policies that pay on death, both individual and group (for example, cover provided through an employer).

• Not included: among others, policies funding company pension commitments and policies where the policyholder and the beneficiary are the same person.

• The data stays available for five years from the date of death.

Bear in mind that this register only covers insurers operating in Spain. A UK or other foreign policy will not appear: check bank statements and paperwork back home too (we look at foreign policies in UK life insurance after moving to Spain).

Step 2: understand who gets paid

In Spain the payout goes to the named beneficiary, and by law the insurer must pay them even if heirs or creditors object. It is not shared out with the rest of the estate and does not wait for probate.

• A beneficiary can be named in the policy, in a later written notice to the insurer, or in a will. That is why Spanish insurers ask for the últimas voluntades certificate and the latest will.

• “My heirs” means whoever are the heirs at the time of death; “my spouse” means the spouse at that time.

• If no beneficiary was named and there is no rule to identify one, the money becomes part of the policyholder’s estate.

• If the policy was tied to a mortgage or loan, the outstanding balance goes to the bank first and any remainder to the beneficiaries (how Spanish mortgage-linked insurance works).

Having a Spanish will makes all of this smoother: see why expats should make a Spanish will.

Step 3: gather the documents

Each case can need extra paperwork, but with Allianz the core set is:

Expat tips:

• The last wills certificate cannot be requested until at least 15 days after the death.

• Documents issued abroad usually need an official translation and, depending on the country, an apostille. Ask the insurer before you order them.

• If the death was accidental, the insurer will also ask for the court file and forensic reports. For risk (term) life policies it may also ask for medical records; with Allianz these are always requested when the policy is less than six years old.

If the death happened while travelling or the family needs repatriation, our guide on death of an expat in Spain and repatriation covers the practical side.

Step 4: the claim, step by step

1. Notify the insurer as soon as possible. Spanish law sets a seven-day deadline from when you learn of the death.

2. The insurer opens a claim and tells you what it needs.

3. You send the documents, which is usually the slowest part.

4. Once the claim is accepted, the insurer sends a certificate for Spanish inheritance tax (Impuesto de Sucesiones).

5. You file the tax (and pay it if any is due) and send the receipt. The insurer is legally required to check this before paying. Living in Murcia? See inheritance tax in Spain for expats in Murcia.

6. Payment into the beneficiary’s account.

Two legal protections worth knowing:

• Within 40 days of receiving the claim, the insurer must pay at least the minimum amount it reasonably owes.

• The right to claim on a personal insurance policy expires after five years.

Why payouts get delayed or refused

• A document is missing, or the will contradicts the policy.

• The policy is recent and the insurer checks for undeclared pre-existing conditions. Misstatements can reduce the payout, and in cases of fraud or gross negligence the insurer can refuse to pay.

• Suicide in the first year of an Allianz term life policy is excluded.

• Inheritance tax has not been filed yet.

FAQ

How do I find out if someone who died in Spain had life insurance?

Request the Certificado de Contratos de Seguros de cobertura de fallecimiento from the Spanish Ministry of Justice. It lists policies with Spanish insurers and the company for each. Foreign policies won’t appear.

Is a Spanish life insurance payout part of the estate?

As a rule, no. It goes straight to the named beneficiary, even if heirs or creditors object, unless no beneficiary was named.

Is there a deadline to claim?

Yes: five years for personal insurance. Notify the insurer within seven days of learning of the death if you can.

How we can help

At AMB Seguros, the exclusive Allianz agency in central Murcia, we help families work out which policies existed, what documents are missing and where a claim stands, in English and without the jargon. Come to the office or do it all by WhatsApp or video call, sending scanned documents.

If this has made you think about your own family, check who is named on your life insurance and whether the cover is still right for life in Spain.

Need help with a life insurance claim, or with reviewing your own cover?

Get in touch and we’ll go through it with you.

Sources

• Spanish Insurance Contract Act (Ley 50/1980, de Contrato de Seguro), BOE.

• Certificate of Life Insurance Contracts (Certificado de Contratos de Seguros de cobertura de fallecimiento), Spanish Ministry of Justice.

• Allianz Vida Riesgo: general conditions, and claims guide for death claims, Allianz Seguros.