In this article, we explore in detail the European Certificate of Succession (ECS), a crucial document for managing cross-border successions within the European Union. We delve into its function of simplifying the recognition of inheritance rights between Member States, avoiding complex national legal procedures.

We also provide a practical guide on how to obtain the ECS, illustrating the necessary steps and required documents, to assist heirs, legatees, executors and administrators of estates in asserting their rights efficiently and securely.

1. What is the European Certificate of Succession?

The ECS is a standardized document introduced by Regulation (EU) No. 650/2012 of the European Parliament and of the Council relating to jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of public acts in matters of succession and the creation of a European Certificate of Succession.

This certificate simplifies cross-border successions within the EU: it is issued for use in another Member State of the EU, automatically producing its effects without the need for any further procedure.

2. What is it for?

Here’s what this document is for in detail:

• Simplify cross-border successions: the ECS allows heirs, legatees, executors, and estate administrators to assert their rights in another EU Member State without having to deal with complex bureaucratic procedures.
• Uniform recognition: the certificate is valid in all EU countries (except Denmark and Ireland), facilitating the recognition of inheritance rights.
• Proof of heir status: the ECS certifies the status of heir, legatee, executor, or estate administrator, simplifying procedures with banks, land registries, and other institutions.
• Circulation of assets: the certificate facilitates the circulation of inherited assets within the EU, allowing heirs to manage and dispose of assets located in other Member States.
• Uniqueness of the succession: once the applicable law is identified based on the criteria of EU Regulation No. 650/2012, that law applies to the entire succession, including movable property, real estate, securities, money, credits, etc.

In essence, the ECS is a tool that aims to simplify and expedite international successions, guaranteeing legal certainty and facilitating the management of the estate.

In fact, the certificate can be used to demonstrate one of the following elements:

• the status and/or rights of each heir or legatee mentioned in the certificate and their respective inheritance shares
• the allocation of one or more specific assets that are part of the inheritance, to the heirs or legatees mentioned in the certificate
• the powers of the person indicated in the certificate to execute the will or administer the estate.

It is presumed that the certificate accurately demonstrates the elements ascertained based on the law applicable to the succession or specific elements. Thus, it is presumed that the person indicated in the certificate as heir, legatee, executor, or estate administrator possesses the status indicated in the certificate and/or is the holder of the rights or powers stated in the certificate.

The use of the certificate is not mandatory. The certificate does not replace internal documents used for similar purposes in Member States. However, once issued for use in another Member State, the certificate produces the same effects also in the Member State in which it was issued.

3. Who issues it?

The ECS is issued by the competent authority of the Member State in which the deceased person had their last habitual residence. Generally, this is a Notary, a Court or another public official designated by national law.

In Italy, for example, the ECS is issued by a Notary. This was established by Law No. 161/2014, which designated Notaries as competent authorities for this type of certification. It is possible to request the issuance of the ECS from any Italian Notary, regardless of the place of opening of the succession or the location of the inherited assets.

In Spain, on the other hand, the ECS can be issued by both a Notary and the Court. Important points to consider:

• specific competence may vary depending on the region of Spain and the individual circumstances of the succession
• it is always advisable to contact a professional in the sector, such as a Notary or a Lawyer, to obtain more specific information and to be assisted in the practice.

4. How to request it?

The application for the ECS must be submitted to the competent authority of the country of the deceased’s last residence. It is necessary to provide a series of information and documents, including:

• Death certificate of the deceased
• Identity document of the applicant
• Information on the will (if present)
• Information on heirs and other successors
• Documents relating to inherited assets.

5. Validity of the Certificate

The ECS is valid in all EU Member States and is recognized without the need for legalization or other formalities.

6. Exceptions

The ECS cannot be used in Denmark and Ireland as these countries do not participate in the succession regulation.

7. Conclusions

In summary, the ECS is a valuable tool to simplify cross-border successions within the EU, ensuring greater legal certainty and reducing the costs and time needed to manage an international inheritance.

Dealing with an inheritance succession can generate many questions and concerns. We are here to offer you full and reassuring support. The lawyers of Fiat Lux Legal, experts in inheritance matters, are ready to listen to you and provide personalized advice to resolve all your doubts.

If you have any questions please do contact us. We will help you find the answers you seek and achieve the best result.