The European Certificate of Succession (ECS) is an official document provided for in Regulation (EU) No 650/2012 which proves the status and rights of the people involved in a cross-border succession within the European Union. This certificate makes it easier to administer and manage an estate in other Member States without the need for additional formalities or supplementary certificates.
The ECS may be issued by a notary or a judge in the country where the succession is being processed, and its purpose is to simplify the recognition and enforcement of inheritance rights and legacies throughout the European Union.
What is the European Certificate of Succession for?
- Making it easier to prove and have recognised one's status as heir, legatee or executor in another EU country
- Allowing the estate to be managed and administered without lengthy and costly proceedings
- Removing the need for additional certificates of succession or official translations
- Speeding up notarial and registry formalities in cross-border successions
What does the notary do regarding the European Certificate of Succession?
- Advises the parties on whether the ECS is possible and useful in their particular case
- Gathers and checks the documentation required to issue the certificate
- Formalises and issues the certificate in accordance with European regulations
- Registers or notifies the certificate to the relevant public registries and bodies
- Ensures the legal validity and effectiveness of the certificate in EU Member States
Features and requirements of the European Certificate of Succession
- It is a uniform document valid in all European Union countries (except Denmark, Ireland and the United Kingdom)
- It proves the status of heir, legatee or executor and their rights over the estate
- It can only be issued in cross-border successions, i.e. when assets or interested parties are in different Member States
- Processing it requires complete and accurate information about the succession
- It must contain identifying details of the deceased, the heirs, legatees and executors, and the law applicable to the succession
Important legal aspects
- The certificate is initially valid for 12 months, which can be extended
- Issuing it does not affect the validity of the will or the division of the estate
- It provides protection and legal certainty in international successions
- The notary must act with particular diligence to ensure the certificate is issued correctly
Legal value
The European Certificate of Succession issued by a notary has full legal effect in EU Member States, simplifying the administration of the estate and avoiding the need for additional court or notarial proceedings in other countries.