Testamento Abierto (Open Will)

Making a will in Spain is one of the most important things any expat can do, yet many put it off. Without a Spanish will, your heirs face an expensive, slow, and complicated process to inherit your Spanish assets. A testamento abierto is quick to make (typically a single appointment with the notary), inexpensive (usually €50–€100), and provides legal certainty. Critically, your Spanish will should only cover your Spanish assets — your home-country will should cover assets in your country of origin.

The Process

Your lawyer prepares a draft will according to your instructions. You attend the notary with your passport and NIE. The notary reads the will aloud, confirms you understand it (using a translator if needed), and you sign. The original stays with the notary; you receive an authorised copy. The notary reports the existence of the will to the Central Registry. When you die, your heirs request a Certificado de Últimas Voluntades from the Registry, which confirms that a will exists and which notary holds it.

Key Facts About the Testamento Abierto

• Cost: typically €50–€100 at the notary
• It should only cover Spanish assets to avoid conflicts with your home-country will
• Include a choice-of-law clause (EU Regulation 650/2012) if you want your national law to apply
• You can revoke or modify it at any time by making a new will
• The latest will always overrides earlier wills for the same assets
• Without a will, Spanish intestacy rules apply — which may not match your wishes at all
• The Central Registry of Last Wills can only be searched after the testator’s death (with a death certificate)

Related Legal Terms

• Legítima (Forced Heirship Portion)
• Impuesto de Sucesiones (Inheritance Tax)
• Aceptación de Herencia (Acceptance of Inheritance)
• Escritura Pública (Public Deed)
• Back to Legal Encyclopedia — A-Z Guide

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Need Help with Testamento Abierto?

Our bilingual legal team assists expats across Spain with every aspect of testamento abierto. We handle the paperwork, liaise with Spanish authorities on your behalf, and make sure nothing falls through the cracks.

This entry is part of our Legal Encyclopedia for Expats in Spain. Browse the full A-Z guide for more terms.

For a complete overview of wills and inheritance in Spain, see our Spanish Wills & Testament Guide 2026.