International inheritances are becoming increasingly common. A person may die owning assets in several countries, the heirs may reside in different States, or the deceased may have had a nationality different from that of their country of residence.
In this context, one of the most important instruments introduced by Regulation (EU) No 650/2012 is the European Certificate of Succession, created to facilitate proof of a person’s status as an heir and simplify the administration of cross-border successions.
In this article, we explain what the European Certificate of Succession is, when it may be needed, what effects it has, and how it can be obtained in Spain.
Contents
- What is the European Certificate of Succession?
- What is the European Certificate of Succession used for?
- When is a European Certificate of Succession needed?
- Who can apply for it?
- Where can it be obtained in Spain?
- What documents are usually required?
- In which countries is it valid?
- Practical summary
- How long is it valid for?
- European Certificate of Succession and declaration of heirs
- Is it compulsory to apply for it?
- Frequently asked questions
- How Zabalgo Family Lawyers can help
- Legal sources and related resources
What is the European Certificate of Succession?
The European Certificate of Succession is an official document created by the European Succession Regulation. It allows a person to prove their status as an heir, legatee, executor of the will, or administrator of the estate in the participating Member States of the European Union.
Its main purpose is to facilitate the administration of international successions and prevent interested parties from having to initiate separate proceedings in every country in which inherited assets or rights are located.
The European Certificate of Succession does not replace the national documents used in each State, such as a will, a declaration of heirs, or a deed of distribution of the estate. However, it is a highly useful instrument for proving succession rights in other European Union countries.
What is the European Certificate of Succession used for?
The certificate allows heirs and other interested parties to exercise their succession rights in other participating Member States without having to obtain additional court decisions or documents for each country.
Among other purposes, it may be used to:
- Prove a person’s status as an heir.
- Confirm the share of the estate to which each heir is entitled.
- Prove the status of a legatee with direct rights over specific assets.
- Demonstrate the powers of an executor or administrator of the estate.
- Register inherited assets in the public registers of other countries.
- Manage bank accounts, real estate, or other assets located abroad.
When is a European Certificate of Succession needed?
The European Certificate of Succession is particularly useful when an inheritance includes international elements and succession rights must be proved outside the country in which the estate is being administered.
For example, it may be advisable to apply for the certificate when:
- A foreign citizen residing in Spain dies leaving assets in Spain and in another European Union country.
- A Spanish citizen dies owning bank accounts, real estate, or investments in another participating Member State.
- The heirs reside in different countries.
- Real estate is located in several Member States.
- It is necessary to prove a person’s status as an heir before foreign banks, registers, or public authorities.
Not every international inheritance necessarily requires this certificate. However, in many cases it is the most effective instrument for simplifying procedures and avoiding the duplication of formalities in different countries.
Who can apply for it?
The European Certificate of Succession may be requested by people who need to prove their position in a cross-border succession. In particular, it may be requested by:
- Heirs.
- Legatees with direct rights over specific assets.
- Executors of the will.
- Administrators of the estate.
Where can the European Certificate of Succession be obtained in Spain?
In Spain, the European Certificate of Succession may be issued by the competent notary.
As a general rule, the competent authority will be determined by factors such as the deceased person’s last domicile or habitual residence, the location of the inherited assets, or other applicable criteria depending on the circumstances of the case.
Notarial involvement allows the document to be processed efficiently and with full legal guarantees, particularly when the succession affects several countries.
What documents are usually required?
Each international succession requires an individual legal assessment. However, the following documents will usually be required:
- Death certificate.
- Certificate from the General Register of Last Wills.
- Authorised copy of the will or declaration of heirs.
- Documents proving the identity of the heirs.
- Documentation relating to the assets included in the estate.
- Succession certificates or documents issued by foreign authorities, where applicable.
In international succession matters, some of the documentation may need to be translated, legalised, or authenticated with an apostille, particularly when it has been issued by a foreign authority.
In which countries is it valid?
The European Certificate of Succession produces effects in the Member States that apply the European Succession Regulation. It is intended to facilitate the recognition and exercise of succession rights within the European Union.
However, there are important exceptions: Denmark and Ireland do not participate in this system. The certificate is also not applicable in countries outside the European Union, such as the United Kingdom, the United States, or Switzerland.
The European Commission confirms that Denmark and Ireland do not participate in the European Succession Regulation. Cross-border succession proceedings involving those countries are therefore governed by their own national rules.
European Certificate of Succession: practical summary
| Question | Answer |
|---|---|
| Is it mandatory? | No. Its use is voluntary, although it can be very useful in international inheritance matters. |
| Does it replace the will? | No. It does not replace the will or the declaration of heirs. |
| Where can it be used? | In the Member States that apply the European Succession Regulation. |
| Who can apply for it? | Heirs, legatees with direct rights, executors, and administrators of the estate. |
| How long are the copies valid? | Certified copies are generally valid for six months. |
How long is it valid for?
Certified copies of the European Certificate of Succession have a limited period of validity, generally six months. New copies may be requested whenever necessary.
The certificate may also be corrected, modified, or withdrawn if errors are subsequently discovered, new information emerges, or the circumstances of the succession change.
Are the European Certificate of Succession and a declaration of heirs the same?
No. Although both documents may be related, they perform different functions.
| Declaration of heirs | European Certificate of Succession |
|---|---|
| Determines who the heirs are when there is no will. | Proves a person’s status as an heir, legatee, executor, or administrator in other Member States. |
| It is a national document. | It is intended for successions with cross-border elements within the European Union. |
| It may be necessary to administer the inheritance in Spain. | It facilitates the exercise of succession rights in other participating countries. |
The declaration of heirs and the European Certificate of Succession may therefore coexist and complement one another.
Is it compulsory to apply for it?
No. The use of the European Certificate of Succession is not compulsory. The European Succession Regulation expressly establishes that its use is voluntary.
However, when the estate includes assets, bank accounts, real estate, or other rights in different countries, it can be a highly useful instrument for avoiding additional procedures and facilitating the administration of the inheritance.
Frequently asked questions about the European Certificate of Succession
Can it be used in the United Kingdom?
No. Following Brexit, the United Kingdom does not participate in the European Succession Regulation. The European Certificate of Succession therefore does not produce the same effects there as it does in participating Member States.
Is it valid in every European Union country?
No. Although it is a European instrument, Denmark and Ireland do not participate in the system.
Does it replace the will?
No. The European Certificate of Succession does not replace the will or a declaration of heirs. Its purpose is to prove succession rights in other participating Member States.
Can it be amended?
Yes. If new information emerges, errors are detected, or the circumstances of the succession change, the certificate may be corrected, modified, or withdrawn.
Is it required for every international inheritance?
Not always. This will depend on the countries involved, the location of the assets, and the documentation required by foreign banks, registers, or public authorities.
How Zabalgo Family Lawyers can help
At Zabalgo Family Lawyers, we have extensive experience in international family law matters and advise our clients on the planning and administration of inheritances involving foreign elements.
The correct use of the European Certificate of Succession can simplify numerous procedures and facilitate the transfer of family assets when several countries are involved.
If you need advice regarding an international inheritance, an application for a European Certificate of Succession, or an estate involving assets in different countries, we can help.
Paloma Zabalgo is a lawyer specialising in Family Law and President of the Family and Succession Section of the Madrid Bar Association (ICAM).
