Death Registration

This is the means by which the death of a person is certified (date, time, and place of occurrence). The death has civil effects from the moment it takes place, but for full recognition of these effects, registration in the Civil Registry is necessary.

Where the death is registered

To request the registration of a death, it is necessary to know which Civil Registry is competent to carry it out. The Civil Registry of the location where the death occurred is considered competent, with some exceptions and special rules:

If this location is unknown, the death registration will take place at the Registry corresponding to where the body was found. If it occurs during a journey, it will be registered in the place where the burial is to take place, or, if that is not possible, at the first port of call.

In the case of shipwreck or air disaster, the corresponding Registry will be the one where the first proceedings are conducted, and if no proceedings are instructed by Spanish authorities, the competence will be determined by the location of the incident.

Without prejudice to the rules of competence for carrying out registrations, in certain cases such as death during a journey, the registration may be transferred to the Civil Registry of the deceased's domicile, at the request of their heirs.

Requirements for registration

Registration is carried out based on the declaration of someone who has knowledge of the death.
A medical certificate indicating unequivocal signs of death will be necessary to proceed with the registration.
If the identity of the deceased is unknown, the registration will be supplemented with names or aliases, apparent age, and if it is not possible to express the time, date, or place of death, the maximum and minimum limits of the time during which it occurred will be indicated.

Content of the death registration

The declaration of death is made before the Civil Registry, providing the medical certificate of death or a judicial order for registration, on a mandatory form supplied by the Registry, which must include the following information:

Name and surname of the deceased
Names of the parents
Marital Status
Nationality
Date and place of birth
National ID number
Details of birth registration
Last known address
Date, time, and place of death
Place of burial, if stated in the death declaration in a certificate from the Authority or official in charge of the cemetery.
Reference to the document or documents from which the above information has been extracted, unless they are known to the declarant, and references to other identification details when the required information is not known, or to clothing and papers found with the deceased, and even a photograph.

Who can request/present it

Those obliged to promote the registration are:

In general:
- The closest relatives of the deceased (blood relatives up to the fourth degree and in-laws up to the second: parents, grandparents, children, grandchildren, siblings, uncles, cousins, and siblings-in-law) or, failing that, neighbours. Any person with knowledge of the death is considered qualified to promote the registration.
Special cases:
- If the death occurs outside their domicile, those obliged to promote the registration of the death are: relatives, the head of the establishment or place where the death occurred.
Additionally, the physician who attended to the deceased during their last illness, or any other who examines the body, must immediately send the death report to the Civil Registry, in which, besides the name, surname, character, and registration number of the signatory, it must state that there are unequivocal signs of death, noting its cause and, with the precision that the registration requires, the date, time, and place of death, along with details identifying the deceased, indicating if known from personal knowledge or accredited evidence, and in this case, official documents examined or identification details of a person affirming the information, who will also sign the report. If there are indications of violent death, it must be urgently communicated to the Registrar.
Registration may be carried out, in any case, by a judgment or judicial order declaring the death.
Funeral agents, representing the family, are usually responsible for carrying out these procedures before the Civil Registry.
Deadline:
- The Civil Registry Regulations require that the declaration, the practice of checks, and the registration of the death must be carried out within twenty-four hours following the death, and must be performed before the burial. Until the registration is completed, the burial license will not be issued.
- The registration of death is considered legally urgent, and all days and hours of the year are valid for carrying it out.

How to request/present it

In-person application, necessary documentation:

Medical certificate of death.
Photocopy of the deceased's National ID or passport.
Official form for the declaration of death by a family member and authorisation of the funeral director.
(The document on which the registration is based is normally the medical certificate of death, or the judicial order in the case of a criminal investigation for violent death, when the registration is made, as is the ordinary rule, before the burial.
However, to carry out the registration when the body has disappeared or has been buried before the registration, a firm sentence, government file, or order from the judicial authority conducting the proceedings followed for violent death will be necessary, affirming the death beyond doubt)
Registration of death of a Spanish citizen occurring abroad in the Central Civil Registry. The following must be provided:
Death certificate issued by a foreign Civil Registry.
Literal birth certificate of the deceased issued by the Spanish Civil Registry.
Spanish documentation with which they were identified, if it can be presented.
Proof of the promoter's domicile in Spain.
Declaratory sheet of data.
If a death certificate issued by a foreign Registry cannot be presented, it will be necessary to process a government file.
(These documents are provided for informational purposes only, and at the time of qualification, the relevant judge may request any further information they deem appropriate for the registration qualification, or the Registry Secretary in the processing of files in which they intervene.)

Mail application, necessary documentation:

Medical certificate of death.
Photocopy of the deceased's National ID or passport.
Official form for the declaration of death by a family member and authorisation of the funeral director.
(The document on which the registration is based is normally the medical certificate of death, or the judicial order in the case of a criminal investigation for violent death, when the registration is made, as is the ordinary rule, before the burial.
However, to carry out the registration when the body has disappeared or has been buried before the registration, a firm sentence, government file, or order from the judicial authority conducting the proceedings followed for violent death will be necessary, affirming the death beyond doubt)
Registration of death of a Spanish citizen occurring abroad in the Central Civil Registry. The following must be provided:
Death certificate issued by a foreign Civil Registry.
Literal birth certificate of the deceased issued by the Spanish Civil Registry.
Spanish documentation with which they were identified, if it can be presented.
Proof of the promoter's domicile in Spain.
Declaratory sheet of data.
If a death certificate issued by a foreign Registry cannot be presented, it will be necessary to process a government file.
(These documents are provided for informational purposes only, and at the time of qualification, the relevant judge may request any further information they deem appropriate for the registration qualification, or the Registry Secretary in the processing of files in which they intervene.)

Where to submit it

Citizens may send applications, written documents, and communications to any of the following addresses:

To the General Registry of the Ministry of Justice (Citizen Service Centre)
To any of the Territorial Management Offices of the Ministry of Justice.
To any administrative body of the General Administration of the State or of the Autonomous Communities, and to the Provincial Councils that have signed the appropriate agreement.
To the municipal office that is most convenient (if it is one of the councils that have already signed the appropriate agreement: over 750 Councils have done so to date).