1-. What are the first steps to take after the death of a relative?
The first thing needed is to obtain the medical certificate of death, for which it is very important to have the National Identity Document of the deceased person. Additionally, information about the niche or family plot will be necessary if you wish for the remains to be deposited there.
If the deceased has a funeral insurance policy, it is ideal to have these documents or contact number on hand to see what kind of guarantees it covers. In case of uncertainty, the funeral home will take care of verifying it.
2-. Is there a legal timeframe to carry out the burial or cremation?
Following a death, the burial or cremation of a body cannot be carried out before twenty-four hours have passed, nor after forty-eight hours have elapsed, except in cases of refrigerated or frozen bodies; or those that are to be embalmed or temporarily preserved.
In cases where an autopsy has previously been performed or organs have been obtained for transplantation, the burial or cremation of the body may be authorized before twenty-four hours have passed.
3-. What is a death certificate?
A death certificate is an official document issued by a government authority that records and certifies a person’s death. This document provides important information, including the date, time, and place of death, and the cause of death as determined by a doctor or competent authority. The death certificate is necessary for a variety of legal and administrative procedures following a person’s death, such as managing the inheritance, cancelling identity documents and bank accounts, claiming life insurance and pension benefits, among others.
4-. What documents are necessary to have ready when the funeral home staff arrives?
The most important thing is to present the deceased’s identity document. The details of the niche or family plot will also be necessary if you wish for the remains to be deposited there. If the deceased has funeral insurance, it is ideal to have those documents or a contact number on hand to check what type of guarantees it covers.
5-. Can I choose the funeral home even if I have funeral insurance?
Yes, you can choose the funeral home you want to provide the service. Subsequently, the insurance company will have to pay the funeral home or you, the amount that was contracted in the policy.
6-. When can the deceased’s body be taken to the funeral home?
The transfer of a body to the funeral home can be carried out once the family has provided the funeral company with the medical certificate of death and, in the case of a judicial death, when the court has issued the relevant authorization.
7-. Can a niche that is already occupied be reused?
It is usually possible. However, before proceeding, two fundamental aspects must be considered. One is the time elapsed since the last burial according to the deadlines established by Mortuary Health of each Autonomous Community and the cemetery, which is usually 5 years. The other is whether the concession contracted with the cemetery has expired or is about to do so. In that case, the niche cannot be reoccupied.
8-. What taxes must be paid?
The inheritance tax to the Regional Government of the deceased’s residence (there are exceptions), or if the heirs are residents abroad, to the Tax Agency. Each Autonomous Community or the state agency establishes different bonuses and deductions depending on the degree of kinship of the heirs with the deceased. Additionally, there are other deductions for personal circumstances or for the inherited assets.
The tax on the increase in land value (known as capital gains tax), is a municipal tax (not all city councils have it established) that taxes the increase in value of inherited urban land. It is calculated based on the IBI (property tax). The amount depends on the property and its situation, determined by the land value and the number of years the deceased had possession of the asset.
9-. What financial benefits can the relatives of the deceased apply for?
The relatives of the deceased can apply for various financial benefits depending on their situation and that of the deceased. These benefits are designed to help alleviate the economic burden that can arise following the death of a loved one. Some of the main benefits include:
- Widow’s/widower’s pension: Aimed at the surviving spouse or, in certain cases, the deceased’s former partner, provided that certain requirements related to the duration of the marriage or the time of cohabitation as a domestic partnership are met.
- Orphan’s pension: A benefit for the deceased’s children under 21 years of age, though it can be extended to age 25 if the beneficiary is studying and not working, or indefinitely if the child has a recognized disability. In some cases, grandchildren and siblings of the deceased may also benefit, under certain conditions.
- Funeral assistance: Financial aid aimed at covering funeral expenses, granted regardless of whether the deceased was affiliated with Social Security, provided certain requirements are met.
- Compensation for death due to work accident or occupational disease: If the death occurred as a result of a work accident or an illness related to the job, the family members may be entitled to specific compensation.
- Death grant: This is financial assistance that can be requested when the deceased was generating income that contributed to the household’s support.
10-. What do you need to do to cremate a body?
You must inform the funeral home, as two medical certificates are required, one for the civil registry and another to be delivered at the crematorium.