How to protocolise a holographic will and declare a person absent

Last updated 16 July 2026 · Reviewed by Jaime Piñeira Pardo, lawyer registered with the ICAM bar, no. 138826 · English version of our Spanish guide.

These are 2 distinct voluntary jurisdiction proceedings. A holographic will (handwritten by the deceased) is valid upon creation, but must be authenticated and protocolised before a notario (Spanish civil law notary) within 5 years of death to take effect as a succession title. The declaration of absence or death allows managing a missing person's assets or opening their succession. Managora prepares and submits both for you.

We handle the whole procedure for you, from start to finish.

You describe your case in a chat and sign; we file it with the Spanish authorities. Fixed price from €36.00 (21% VAT included), plus the tasa (official fee) where there is one.

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What is new, and the law that applies

The authentication and protocolisation of a holographic will is a NOTARIAL competence since Ley 15/2015, de 2 de julio, de la Jurisdicción Voluntaria (in force on 23 July 2015). Previously it corresponded to the judge. Current basis: arts. 688 to 693 del Código Civil and arts. 61 to 63 de la Ley del Notariado.
The files for the declaration of absence and death are processed under Ley 15/2015 (arts. 67 to 77) before the Court of First Instance; the resolution is issued by decree of the Letrado de la Administración de Justicia.
In these files, the intervention of a lawyer or a procurador is not mandatory (art. 68 de la Ley 15/2015).
As of 17 July 2026, the deadlines of the Código Civil remain in force: 5 years to protocolise the holographic will and 10, 5 or 1 year (plus the disaster scenarios) for the declaration of death.

What are these 2 procedures and how do they differ?

Both are voluntary jurisdiction proceedings (matters that do not involve 2 opposing parties in a lawsuit), regulated by the Código Civil (the Spanish Civil Code) and by Ley 15/2015, de 2 de julio, de la Jurisdicción Voluntaria (the Spanish Voluntary Jurisdiction Act).

The protocolisation of a holographic will converts a handwritten document of the deceased into a fully valid succession title. It is processed before a notario.

The declaration of absence or death serves to administer the assets of a missing person or to open their succession. It is processed before the Juzgado de Primera Instancia (the Spanish Court of First Instance).

Do not confuse them: 1 affects an inheritance based on a handwritten will; the other affects a person who has not been heard from for a long time.

How is a holographic will protocolised and what is the deadline?

A holographic will is the one that the testator writes in their own handwriting, stating the year, month and day, and including their signature. Only persons of legal age can grant it (artículo 688 del Código Civil).

It is valid, but by itself it does not take effect after death: it must be authenticated (verifying that the handwriting and signature belong to the deceased) and protocolised before a notario.

There are 2 deadlines. Whoever has the will in their possession must present it within 10 days of learning of the death (artículo 690 del Código Civil). And the protocolisation must be requested within 5 years following the death (artículo 689 del Código Civil and artículo 61 de la Ley del Notariado). After those 5 years, the notario can no longer accept the application.

Competent notario: the notario at the last domicile or habitual residence of the deceased, the one at the place where most of their estate is located or the one at the place where they died, at the choice of the applicant.

Who can declare the absence or death and when?

The following are entitled to initiate the file (artículo 68 de la Ley 15/2015): the Public Prosecutor's Office (ex officio or by complaint), the legally unseparated spouse, the partner united by an affective relationship analogous to marriage, blood relatives up to the 4th degree and any person with a right over the missing person's assets exercisable during their lifetime or dependent on their death.

In this file, the intervention of a lawyer or a procurador (Spanish court representative) is not mandatory.

The process can go through 3 phases: the disappearance (a defender is appointed to protect urgent matters), the legal absence (a representative is appointed to administer the assets) and the declaration of death (the succession is opened).

What are the deadlines for each phase?

Legal absence (artículo 183 del Código Civil): 1 year from the last news if the missing person did not leave a general proxy; 3 years if they left a proxy with powers to administer all their assets.

Declaration of death (artículos 193 y 194 del Código Civil): 10 years as a general rule; 5 years if the absent person would have turned 75; 1 year in case of imminent risk of death by violence against life; and shorter periods in disasters (shipwreck, aircraft). Check the table of scenarios.

With legal absence, the representative administers the assets but cannot distribute them: the inheritance is only opened when the declaration of death is final.

What documents do I need and how much does it cost?

For the holographic will: the original will, the death certificate and the certificate of last will acts (modelo 790-006). This certificate cannot be requested until 15 working days have passed since the death.

For the absence or death: the written application, proof of the last domicile or residence, evidence of the disappearance and lack of news, and the details of the relatives to be summoned.

Official costs: the judicial absence file does not accrue a tasa (official fee) for natural persons; the notario applies their tariff for the protocolisation; and there are minor official fees (for example, the modelo 790-006 and the publication of edicts). You can see the updated price of Managora's service on the procedure's page: we do not reproduce it here to avoid giving an outdated figure.

What does Managora do for you?

Managora prepares the application, gathers and requests the certificates (death and last will acts), locates the competent notario or Court and submits the file for you.

We keep you informed at every phase (authentication, edicts, appearance and decree) and we deliver the protocolisation act or the decree of absence or death when the file concludes.

You can start from Managora's procedure pages: protocolisation of a holographic will and declaration of civil absence.

Step by step

1
Holographic: locate the will and gather the certificates(Present it within 10 days of learning of the death (art. 690 CC))
Obtain the original handwritten will, the death certificate and the certificate of last will acts (modelo 790-006).
2
Holographic: go to the competent notario(Maximum 5 years from the death (art. 689 CC; art. 61 Ley del Notariado))
The notario at the last domicile or residence of the deceased, the one at the place where most of their estate is located or the one at the place where they died, at your choice.
3
Holographic: authentication before a notario
The notario proves the death, summons the spouse, descendants and ascendants (or, failing that, collateral relatives up to the 4th degree) and examines 3 witnesses who know the testator's handwriting and signature.
4
Holographic: expert comparison if applicable
If there are no suitable witnesses or there are doubts about the authorship, the notario agrees to a calligraphic expert test to verify the authenticity of the document.
5
Holographic: protocolisation act
Once authenticity is proven, the notario authorises the protocolisation act, incorporates the will into their protocol and issues copies. From that moment it is a valid succession title.
6
Absence: submit the application to the Court
Before the Court of First Instance of the missing person's last domicile or residence. A lawyer or procurador is not mandatory.
7
Absence: defender of the missing person if urgent(Appearance within a maximum of 5 days (art. 69 LJV))
In the initial phase of disappearance, a defender can be appointed to protect the assets and attend to matters that do not admit delay.
8
Absence: publication of edicts and appearance(Appearance scheduled within a maximum of 1 month (art. 70 LJV))
The admission is published 2 times, with a minimum interval of 8 days, in the BOE and on the notice board of the Town Hall of the last domicile, and interested parties and the Public Prosecutor's Office are summoned.
9
Absence: decree of legal absence(1 year without a proxy / 3 years with a proxy from the last news (art. 183 CC))
The Letrado de la Administración de Justicia (Legal Counsel of the Administration of Justice) declares the legal absence and appoints a representative of the absent person in accordance with artículo 184 del Código Civil.
10
Death: decree and opening of the succession(10 years; 5 if the absent person turned 75; 1 year or less in risk cases (arts. 193-194 CC))
Once the legal deadline is met, the death is declared with its date. Once final, the succession is opened and the declaration is registered in the Registro Civil (the Spanish Civil Registry).

Deadlines to declare death according to the scenario

Scenario	Deadline	Regulation
Ordinary disappearance (general rule)	10 years from the last news or disappearance	Art. 193.1 CC
The absent person would have turned 75	5 years from the last news or disappearance	Art. 193.2 CC
Imminent risk of death by violence against life	1 year from the risk	Art. 193.3 CC
Risk due to disaster	3 months	Art. 193.3 CC
Armed contingent in campaign operations	2 years from the peace treaty or the official end of the war	Art. 194.1 CC
Shipwreck or proven aircraft disaster, with rational evidence of no survivors	Immediate declaration, without waiting period (only at the request of the Public Prosecutor's Office)	Art. 194.2 CC
No news after the proven shipwreck or disaster, or unidentified human remains	8 days (only at the request of the Public Prosecutor's Office)	Art. 194.3 CC
Ship presumed shipwrecked (does not reach destination or return)	1 month from the last news or from the departure from port	Art. 194.4 CC
Aircraft presumed crashed	1 month from the last news of the persons or the aircraft	Art. 194.5 CC

The 3 phases when a person goes missing

Phase	When it applies	Main effect	Regulation
Disappearance	From the moment they disappear without leaving news	A defender is appointed for matters that do not admit delay	Art. 181 CC; art. 69 LJV
Legal absence	1 year without a general proxy / 3 years with a proxy	A representative is appointed to administer their assets	Arts. 183 and 184 CC; arts. 70 to 73 LJV
Declaration of death	10 years (5 if 75 years old; less in risk cases)	Their succession is opened and the spouse can remarry	Arts. 193 and 194 CC; art. 74 LJV

Key deadlines for the holographic will

Procedure	Deadline	If not met
Present the will to the notario	10 days from learning of the death	Whoever retains it is liable for damages (art. 690 CC)
Authenticate and protocolise before a notario	5 years from the death	The notario does not accept the application and the will loses its effectiveness (art. 689 CC; art. 61 Ley del Notariado)

Declaration of legal absence vs declaration of death

	Legal absence	Declaration of death
When it applies	1 year without a general proxy / 3 years with a proxy, from the last news	10 years (5 if the absent person turned 75; 1 year or less in risk cases)
Effect on assets	A representative is appointed to administer them; they cannot distribute them	The succession is opened and the heirs inherit (with precautions in the first years)
Effect on civil status	The marriage subsists; the spouse cannot remarry	The marriage is dissolved; the spouse can remarry
Is death presumed?	No; the person is only considered absent	Yes; a date is set from which the death is understood to have occurred
If the person reappears	They recover their assets in the state they are in	They recover their estate and the price of what was sold, but not the income already consumed (art. 197 CC)
Main regulation	Arts. 183 and 184 CC	Arts. 193 and 194 CC

Official forms and where it is filed

Modelo 790-006: Certificate of Last Will Acts (Registro General de Actos de Última Voluntad, Ministry of Justice) ↗
Death certificate (Registro Civil / electronic headquarters of the Ministry of Justice) ↗
Notarial act of authentication and protocolisation of the holographic will (arts. 689 to 693 CC; arts. 61 to 63 de la Ley del Notariado). It is granted at the competent notario's office
Written application for the declaration of legal absence (arts. 181 to 184 CC; arts. 67 to 73 de la Ley 15/2015). It is submitted to the Court of First Instance of the last domicile. It has no numbered official form
Written application for the declaration of death (arts. 193 and 194 CC; art. 74 de la Ley 15/2015). It is submitted to the Court of First Instance. It has no numbered official form

Frequently asked questions

Is a handwritten will valid without going to a notario?

Yes, it is valid if the deceased was of legal age and wrote it entirely in their own handwriting, with the date (year, month and day) and their signature. However, after death, it does not take effect by itself: it must be authenticated and protocolised before a notario within the following 5 years. Otherwise, it loses its effectiveness.

What happens if I let the 5 years for the holographic will pass?

The notario can no longer accept the application and the will is not protocolised. The inheritance will then be governed by the previous valid will that existed or by the rules of intestate succession. That is why it is advisable to act as soon as possible.

Can I inherit from a missing person?

Not directly. First, their death must be declared (or you must wait for the legal deadlines to be met). While only the absence is declared, their assets are administered, but not distributed. The inheritance is opened when the declaration of death is final.

Do I need a lawyer and a procurador to declare the absence?

It is not mandatory in this voluntary jurisdiction file. Managora prepares the application, gathers the documentation and submits it to the Court of First Instance for you.

How long does it take to declare the absence or death?

It depends on compliance with the legal deadlines (1 or 3 years for absence; 10, 5 or 1 year, or less in disasters, for death) and on the judicial processing, which includes the publication of edicts and an appearance scheduled within a maximum of 1 month.

What if the person reappears?

If they were declared absent, they recover their assets in the state they are in. If their death had been declared, they recover their estate and the price of what was sold, but not the income already consumed (artículo 197 del Código Civil).