European Certificate of Succession
A European Certificate of Succession is particularly helpful in inheritance cases that occurred after 17.08.2015 and in which estate items are present in several EU countries. The European Certificate of Succession serves as proof of succession in all European countries (with the exception of Denmark, Ireland and Great Britain).
Who can apply for a European Certificate of Succession?
Heirs
legatees
Executors of wills
Estate administrator
Who is responsible for issuing the certificate of succession?
In principle, the "court" at the deceased's last usual place of residence is responsible for issuing the certificate of inheritance. The term "court" is to be interpreted in accordance with the respective national jurisdiction. In France, for example, notaries are still responsible for the settlement of estates. This means that they are also responsible for issuing the European Certificate of Succession. In Germany, the probate courts are responsible for issuing the European Certificate of Succession. Within Germany, local jurisdiction is determined by the last place of residence of the deceased.
How can the European Certificate of Succession be applied for?
A European Certificate of Succession is only issued upon express application. The application contains information that must be declared on oath. The corresponding declaration can be made at the probate court or a notary's office. The application must be made in person. Representation by an authorized representative is not permitted on the basis of the affidavit. In principle, a form can be used. The language depends on the language of the member state in which the application is made.
What are the costs?
If the European Certificate of Succession is applied for in Germany, the costs correspond to the costs incurred when applying for a certificate of inheritance. The costs are based on § 40 of the GNotKG. If a certificate of inheritance has already been applied for, 75% of the costs of the certificate of inheritance will be deducted when applying for a European Certificate of Succession.
How long is a European Certificate of Succession valid for?
The European Certificate of Succession is valid for 6 months. However, an extension can be applied for at the competent probate court.
The above explanation is intended to provide an initial insight into the European Certificate of Succession. It is not a substitute for advice in individual cases.
If you have specific questions or would like an assessment of your case, we are always available for an initial consultation. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The duration of the consultation and the size of your assets are irrelevant.
Status: 01.03.2023