What is the European Certificate of Succession?
It is a document that proves in another European Union country who is an heir, legatee or executor and what rights they have. It can be used, for example, to collect the money in an account or to sell an asset in another country without repeating the formalities there. It is not compulsory and does not replace each country's own documents. It is normally issued by the EU country where the deceased had their habitual residence. In Spain, by the notary who declared who the heirs are or by the judge who dealt with the estate.
Alburquerque Abogados
José Manuel AlburquerqueWhat it is for
- To prove who is an heir or legatee and what share they are entitled to.
- To establish to whom a specific asset of the estate was allocated.
- To establish the powers of the executor or of the administrator of the estate.
- To register the inherited assets in the registers of another EU country, although each register keeps its own requirements.
- Anyone who pays money or hands over assets to the person named in the certificate is protected, unless they knew that it was not accurate or were unaware of this through gross negligence.
How to apply for it
- It is applied for by the heir, the legatee with direct rights, the executor or the administrator of the estate who needs it in another country.
- It is normally applied for in the EU country where the deceased had their habitual residence. If the deceased lived in Spain, it is issued by the notary who declared who the heirs are, or some other aspect of the estate, or by the judge who dealt with it.
- Copies are issued that are valid for six months. After that period, an extension or a new copy has to be requested.
- It does not need legalisation or an apostille.
- It cannot be used in Denmark or Ireland, which do not apply the EU Succession Regulation.
What it does not do
- It does not divide the estate or replace the deed of acceptance and partition.
- It is not needed if the deceased lived in Spain and all the assets are here. If the deceased lived in another EU country, the certificate issued there will normally be needed to establish in Spain who inherits.
- Taxes are paid separately, under each country's rules.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.