When someone dies in Spain
The process when a British national dies in Spain, including registering the death, funerals and cremations, and bringing the person’s body to the UK.
Contacting the insurance company
If the person who died had insurance, contact their insurance company as soon as possible. Read the general guidance on what to do when someone dies abroad if you’re not sure if they had insurance.
The insurance company should appoint a funeral director in Spain and the UK. They may also cover the cost of bringing the person’s body to the UK (repatriation) and help with any medical, legal, interpretation and translation fees.
Registering the death
The death should be registered at the local Spanish civil registry as soon as is possible. Your funeral director should do this for you.
The funeral director is required to inform the Spanish civil registry what funeral plans are in place and, if the person’s body is being repatriated, they will also need to provide the civil registry with details of the cemetery or crematorium in the UK as this information will be included on the death certificate.
You will need information and documents about the person who has died, and whilst it might not be necessary in all cases, the civil registry may require the following:
- birth certificate, showing their place of birth and parents’ names
- home address
- religion
- official identity document (for example, their British passport)
- spouse´s details (if applicable)
- marriage certificate (if applicable)
- divorce papers (if applicable)
Getting a death certificate
After registering the death, you will get a death certificate (‘certificado literal de defunción’). You can ask for an international version (‘certificado plurilingüe de defunción’) which includes an English translation.
In some regions of Spain, civil registries are issuing digital certificates and if you need additional copies you may be able to obtain these online by accessing the Spanish Ministry of Justice website or through your funeral director. Spanish death certificates do not give the cause of death. It’s worth asking for extra copies of the death certificate, as you might need them to show to other people later. You will normally receive 3 copies of the death certificate for free and may need to pay for further copies if you need them.
Post-mortems in Spain
A post-mortem examination, also known as an autopsy, is the medical examination of a person’s body to determine the exact cause of death. The examination is carried out by a pathologist doctor.
In Spain, a post-mortem may be carried out if the cause of death is unknown, unnatural, sudden or violent.
The pathologist may remove small tissue samples and organs for testing without the family’s permission. You will not automatically be told if this happens and cultural or religious sensitivities may not be taken into account.
The processing time for tests on tissue samples and organs can vary considerably, typically taking several months depending on the specific type of test involved.
If the pathologist doctor does remove organs, they usually do not return them before the person’s body is released for burial or cremation. In exceptional circumstances, doctors may keep body parts without the family’s permission when further investigation is required. The person’s next of kin will not necessarily be told if this happens.
The doctor who performs the post-mortem examination does not issue the report to the person’s next of kin. You must apply to the local court to obtain a copy of the report. If you have an appointed lawyer, they can apply for a copy on your behalf. See Find a lawyer in Spain for a list of English-speaking lawyers.
Burying or cremating the body in Spain
You need a local funeral director Find a funeral director in Spain to arrange a burial or cremation in Spain. The exact rules on burials and cremations are different depending on where you are in Spain. Your funeral director can give you advice.
You should not have the person cremated abroad if you want a coroner in England or Wales to conduct an inquest into their death. In Scotland and Northern Ireland there is no coronial involvement. In Scotland, a further investigation may still be possible. More information on coroner services is available in this guide: Guide to Coroner services .
Bringing the body to the UK
Ask your insurance company or funeral director about options for bringing the person’s body to the UK from Spain.
When taking the person’s body to the UK from Spain, your funeral director will be responsible for ensuring that all the necessary documents are in place and local requirements have been met. The funeral director will need the passport, or other form of identification, of the person who died.
Bringing the ashes to the UK
Ask your funeral director about the rules for bringing ashes to the UK. There are different rules depending on where you are in Spain.
Bringing the ashes to the UK yourself
If you are taking the ashes with you when you leave Spain you will need to:
- show the death certificate (if available, otherwise check with the airline)
- show the cremation certificate
- follow local Spanish regulations about leaving Spain with ashes – your funeral director can give you more information
You may also have to tell the airline in advance – ask your funeral director for more information.
Arranging for the ashes to be taken to the UK
Ask your funeral director for advice if you cannot take the ashes yourself. You may not be able to send them by post or courier. Ashes can be shipped by air freight, although this can be expensive.
Getting the person’s belongings back
Belongings the person had with them when they died will normally be given to you, the Spanish police, or the local court if a post-mortem is carried out.
If you bring the person´s body to the UK, you can ask your local funeral director to collect the belongings and arrange for them to be transported by courier (this will incur an extra cost).
If the person was a Spanish resident you may not be able to take the belongings as they may be part of their estate. Get legal advice if this happens Find a lawyer in Spain.
Belongings may be kept as evidence if there is an investigation into the death, and may only be returned when the court case is over.
Finding a Spanish translator
You may need a translator to help you understand Spanish rules or get documents translated. Check official translators in Spain Find a list of translators and interpreters in Spain. The embassy or consulate in Spain cannot provide translation services or pay for translation costs.
Finding a Spanish lawyer
You may need a lawyer to help you understand the Spanish legal system when someone has died. Check English-speaking lawyers in Spain Find a lawyer in Spain. The embassy or consulate in Spain cannot give you legal advice or pay for legal costs.
Telling the UK authorities
Although you do not have to register the death in the UK, when someone dies abroad you still need to tell the UK authorities. Read general guidance on what to do when someone dies abroad to find out what to do.
Contacting the Foreign, Commonwealth & Development Office (FCDO)
You can contact the FCDO if you need advice:
- in the UK call +44 (0)20 7008 5000
- see how to get help from the UK government abroad
Disclaimer
This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.
Updates to this page
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This guidance has been reviewed in full and updated where necessary.
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Guidance has been reviewed and information included on release of information to next of kin. Updated guidance on registering the death and obtaining a death certificate.
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Updated information about the repatriation process.
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First published.