What to Do When a Citizen of Romania Dies in Spain: 5-Step Official Checklist

1. 1

   Medical Certification of Death and Judicial Clearance in Spain

   Before transport or funeral arrangements can begin, a physician in Spain must officially certify the death [1][2].

   • Death in a hospital or healthcare centre: The attending hospital physician issues the official Medical Certificate of Death (Certificado Médico de Defunción) when the cause of death is natural [1].
   • Death at home, in a hotel, or in a public place: Call the emergency number 112 immediately. Where there are signs of violent, accidental, or sudden death without a confirmed clinical cause, the police, the duty court (Juzgado de Guardia), and the competent Institute of Legal Medicine and Forensic Sciences (Instituto de Medicina Legal y Ciencias Forenses) intervene to perform a forensic autopsy [2]. In judicial cases, burial, cremation, or repatriation cannot be authorised until the judge issues the corresponding permit [2].
   • Mortuary health regulation timeframes (Policía Sanitaria Mortuoria): Under Spain's regional and national mortuary health regulations, burial or cremation may not take place before 24 hours have elapsed from the death nor, as a general rule, after 48 hours, unless temporary preservation, embalming, or refrigeration techniques are applied for international transfer [2].
2. 2

   Insurance, Funeral Directors in Spain and Romania, and Romanian Consular Assistance

   First verify whether the deceased held a funeral, travel, or assistance insurance policy covering international repatriation [3][4]. If coverage exists, the insurance company appoints the funeral operators and coordinates the transfer directly [4].

   • Coordination between funeral companies in Spain and Romania: If no insurance policy applies, you can hire a licensed funeral company in Spain (for example through the National Association of Funeral Services, PANASEF [5]), which will work in coordination with a funeral services provider in Romania holding health authorisation from the Public Health Directorate (Direcția de Sănătate Publică - DSP) in accordance with Government Decision HG nr. 741/2016 of the Romanian Ministry of Health (Ministerul Sănătății) [3]. Clarvia provides these references from public sources solely for orientation and does not recommend, endorse, or rank any provider.
   • Romanian consular assistance in Spain: Contact the Embassy of Romania in Madrid, Embajada de Rumanía en Madrid, or the competent Consulate General or Consulate of Romania for the territorial jurisdiction where the death occurred (Madrid, with consular emergency phone +34 669 362 202, Barcelona, Seville, Bilbao, Castellón de la Plana, Ciudad Real, Zaragoza, or Almería), operating under the Romanian Ministry of Foreign Affairs, Ministerul Afacerilor Externe (consular portal eConsulat.ro) [3][6][7]. The consular office provides guidance on legal formalities and registers or transcribes the death, although it does not cover funeral or repatriation expenses [3].
3. 3

   Registration in the Spanish Civil Registry and Transcription or Registration in Romania

   A death occurring in Spain must be registered with the Civil Registry (Registro Civil) of the municipality where the death took place (for example in Madrid, Barcelona, Valencia, or Zaragoza), under the Spanish Ministry of Justice, Ministerio de Justicia, typically within 24 hours following the death [1].

   • Full Death Certificate and Multilingual CIEC Form C: Typically, the Spanish funeral company submits the Medical Certificate of Death and the deceased's identity card or passport to the Spanish Civil Registry to obtain the burial or cremation licence (licencia de enterramiento o incineración) and the Full Death Certificate (Certificado Literal de Defunción) [1]. Request several copies of the Multilingual Death Certificate on CIEC Form C (Certificado Plurilingüe de Defunción Fórmula C under the 1976 Vienna Convention): under the rules of the Romanian diplomatic mission, the Spanish CIEC Form C multilingual extract is exempt from both the Hague Apostille and legalised translation for official use in Romania [6].
   • Consular registration or transcription in the Romanian civil registry: Using the Spanish Multilingual CIEC Form C Certificate (or an apostilled and translated full death certificate), family members can apply for issuance of the Romanian death certificate (Certificat de deces) directly at the Romanian consulate in Spain via eConsulat.ro [6], or apply for its transcription in Romania within the statutory 6-month period at the local public community service for personal records (Serviciul Public Comunitar Local de Evidență a Persoanelor - SPCLEP) or the town hall (Primăria) of the deceased's last domicile in Romania (or the applicant's domicile), under the coordination of the General Directorate for Personal Records, Direcția Generală pentru Evidența Persoanelor [8]. (Where a death occurs directly within Romania, the declaration before the SPCLEP or Primăria must be made within 3 days of death, or within 48 hours with a police or prosecutor's certificate in cases of violent death, resulting in issuance of the Certificat de deces, the burial/cremation certificate Adeverință de înhumare/incinerare, and the multilingual Form C extract) [8].
4. 4

   Choosing Between International Repatriation to Romania and Local Burial or Cremation in Spain

   The family may choose between international repatriation of the body or ashes to Romania and local burial or cremation in Spain [2][3].

   • Repatriation of the body or ashes to Romania: Under the regulations published by Embajada de Rumanía en Madrid, Romanian consular offices in Spain no longer issue a consular mortuary passport (pașaport mortuar) for transfers from Spain to Romania [3]. Instead, the Spanish funeral company completes the entire international health transfer authorisation with Foreign Health (Sanidad Exterior) through the SISAEX platform of the Spanish Ministry of Health, Ministerio de Sanidad, and obtains the mortuary transit permit (salvoconducto mortuorio) in accordance with the 1973 Strasbourg Agreement and the 1937 Berlin Agreement, placing the embalmed body in an airtight coffin with a hermetically sealed zinc liner [2][3]. Conversely, when a body is transported from Romania abroad, the mortuary passport (pașaport mortuar) is issued by the territorial Direcția de Sănătate Publică (DSP) in Romania [3]. If cremation is carried out in Spain, the sealed funerary urn may be transported to Romania accompanied by the death certificate and the cremation certificate [2][4]. You may also consult the general guidance on repatriation within the European area provided by the Spanish Ministry of Foreign Affairs, European Union and Cooperation, Ministerio de Asuntos Exteriores, Unión Europea y Cooperación [4].
   • Local burial or cremation in Spain: If the burial or cremation takes place in Spain, the local funeral company coordinates the service directly using the burial licence issued by the Spanish Civil Registry [1][2].
5. 5

   Pensions, Funeral Grant, Taxes, and Succession in Romania and Spain

   Following the funeral, social security, succession, and tax formalities must be completed in both countries.

   • Procedures in Romania:
     • Funeral grant (ajutor de deces) and survivor's pension (pensie de urmaș): If the deceased was insured or a pensioner under the Romanian public pension system, the person who proves having paid the funeral expenses can apply for the one-off funeral grant (ajutor de deces) from the National House of Public Pensions, Casa Națională de Pensii Publice (through the competent territorial pension house, Casa Teritorială de Pensii), by submitting the Romanian death certificate and original funeral invoices (by law, payment is made within 3 working days from submission of a complete claim) [9]. The surviving spouse and eligible children may also apply for a survivor's pension (pensie de urmaș) at the same territorial pension house [9].
     • Notarial succession procedure and taxes in Romania: Succession in Romania is handled before a public notary in the jurisdiction of the deceased's last domicile (or before a competent Romanian notary), coordinated by the National Union of Public Notaries of Romania, Uniunea Națională a Notarilor Publici din România, which checks the national succession register and issues the certificate of heir (Certificat de moștenitor) [10]. Under the Romanian Fiscal Code administered by the National Agency for Fiscal Administration, Agenția Națională de Administrare Fiscală, the transfer of real property by inheritance is exempt from tax (0%) if the succession procedure is debated and completed within 2 years from the date of death; if completed after 2 years have elapsed, a 1% tax applies to the value of the inherited real estate [11].
   • Procedures in Spain:
     • Spanish Social Security benefits: If the deceased contributed to or received benefits from the Spanish system, family members can apply for the funeral grant (auxilio por defunción) and widowhood or orphanhood pensions (pensiones de viudedad u orfandad) before the National Institute of Social Security, Instituto Nacional de la Seguridad Social [12].
     • Certificate of Last Wills, notary, and Inheritance Tax: Once 15 working days (15 días hábiles) have passed since the death, request the Certificate of Last Wills (Certificado de Actos de Última Voluntad) and the certificate of life insurance policies from the General Registry of Last Wills of the Ministerio de Justicia using Form 790 (Modelo 790) [1]. Estate administration in Spain is carried out before a notary through the General Council of Notaries, Consejo General del Notariado, and the Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones) return must be filed within 6 months from the date of death (extendable by a further 6 months if requested within the first 5 months) [13].

Official Authorities & Verified Contacts

Official Sources Checked by Clarvia

1. [1]
   Application for a Death Certificate from the Civil Registry — Ministerio de Justicia de España
2. [2]
   Foreign Health (Sanidad Exterior) - International transfer of corpses and human remains (SISAEX) — Ministerio de Sanidad de España
3. [3]
   Procedure in the event of a death in Spain and mortuary passport rules — Embajada de Rumanía en el Reino de España (madrid.mae.ro)
4. [4]
   Death and repatriation in the European space — Administración General del Estado / MAEC
5. [5]
   National Association of Funeral Services (PANASEF) — PANASEF
6. [6]
   Registration of death certificates issued by the Spanish authorities — Embajada de Rumanía en Madrid / Ministerul Afacerilor Externe
7. [7]
   Contact details and consular emergency telephone numbers in Spain — Embajada de Rumanía en Madrid (madrid.mae.ro)
8. [8]
   Transcription of a foreign death certificate into the Romanian civil registers — Portalul de Servicii Publice din România / DGEP
9. [9]
   Funeral grant (Ajutorul de deces) and required documents — Casa Națională de Pensii Publice (CNPP)
10. [10]
    Notarial and succession procedures in Romania — Uniunea Națională a Notarilor Publici din România (UNNPR)
11. [11]
    Tax on the transfer of real estate by succession (2-year exemption period) — Agenția Națională de Administrare Fiscală (ANAF)
12. [12]
    Death and survivor benefits: funeral grant, widowhood, and orphanhood pensions — Sede Electrónica de la Seguridad Social (INSS)
13. [13]
    Wills, last wills registry, and notarial estate administration in Spain — Consejo General del Notariado (Notariado.org)