How do you claim on a life insurance policy and how long does it take?

Question

José Manuel Alburquerque · Accepted Answer

You have to apply to the insurer in writing with a few basic documents, such as the death certificate, the certificate of last wills (from the “Registro General de Actos de Última Voluntad”, Spain's register of wills), the certificate from the register of insurance policies and the beneficiaries' identity documents. Before paying, the company will require proof that the return for the “impuesto de sucesiones”, the Spanish inheritance tax, has been filed in respect of what is received under the policy. The company has 40 days from receiving notice of the death to pay at least the minimum amount it may owe. If it has not paid within three months of the death and has no justified reason, it owes late-payment interest. The documents The full death certificate and, if the company asks for it, a medical report on the cause of death. The certificates of last wills and from the “Registro de Contratos de Seguros con Cobertura de Fallecimiento”, Spain's register of insurance policies with death cover. The will or the declaration of heirs, if the beneficiaries are “the heirs”. If they are “the children” or “the spouse”, the “libro de familia”, the official family record book, or, if you do not have one, the birth or marriage certificates. The beneficiaries' identity documents, a bank certificate confirming who holds the account and proof of filing of the tax return. There is no need to wait for the estate to be divided. If there is a named beneficiary, the sum insured is not part of the estate. Inheritance tax If the policy was taken out by the deceased, what the beneficiary receives is subject to inheritance tax, even though it is not part of the estate. If it was taken out by the beneficiary, it is subject to the “IRPF”, Spain's personal income tax. If the company paid without the proof and the beneficiary did not pay the tax, the company would have to pay it. That is why it insists on it. You can also ask the company for a cheque made out to the authority that collects the tax, in Catalonia the “Agència Tributària de Catalunya”, the Catalan tax authority, so as to pay it out of the sum insured itself. If you need to collect the insurance before the whole estate has been dealt with, you can ask the tax authority for a partial assessment of the tax solely in order to collect it. In Catalonia, someone who only receives the insurance declares it on form 652, which also allows it to be declared before the rest of the estate so as to be paid sooner. The time limit is six months from the death. In Catalonia, the deceased's spouse, descendants and ascendants have a 100 % allowance up to 25.000 euros on what they receive from life insurance, which is added to the kinship allowance. There is only one per person, even if he or she receives money from several policies. If you were the deceased's stable partner (in a “pareja estable”, the Catalan stable partnership), ask whether you are entitled to the same allowance. How long it takes If the paperwork is complete and there are no doubts, many companies pay within a few weeks. If they have not paid within three months of the death without a justified reason, they owe late-payment interest, at 4,875 % a year in 2026 for the first two years and at least 20 % from then on. For the interest to run from the death, notify the company of the death within seven days of learning of it. If you do so later, it only runs from the date of notification.