International inheritances: what is the European Certificate of Succession

Imagine having to manage the inheritance of a relative who owned real estate in Spain, bank accounts in France, and was residing in Italy. Without a common legal instrument across the various jurisdictions, you would face different procedures, complex documentation requirements, and regulatory fragmentation that would be difficult to handle. Precisely to avoid these obstacles, the European Union introduced the European Certificate of Succession (ECS), designed to simplify cross-border successions.
Established by Regulation (EU) No. 650/2012, the ECS allows heirs, legatees, and other entitled individuals to assert their inheritance rights throughout the Union without having to initiate separate procedures in each country.

What is the European Certificate of Succession

The European Certificate of Succession is an official document, issued by a competent authority of a Member State, which certifies the status and inheritance rights of heirs, legatees, executors of the will, or administrators of the estate. It has evidentiary value and direct effect in all Member States that apply the Regulation—i.e., all except Denmark, Ireland, and the United Kingdom.
The certificate does not confer new rights but certifies those already existing according to the applicable law governing the succession. It is especially useful when the deceased had assets or interests in multiple European countries, as it allows one to avoid parallel and often costly procedures in each jurisdiction.

What the ECS is used for

With the ECS, heirs or other entitled individuals can:

• prove their status as heir or legatee in a country other than where the succession was opened;
• register ownership of immovable or movable assets (such as bank accounts or vehicles) in their favor;
• act as administrators or executors of the will abroad;
• interact with public authorities, banks, notaries, and registries in other Member States without further validations.

In essence, it is a single document, recognized in all participating EU countries, that allows the exercise of inheritance rights with the same effectiveness as a national certificate.

When it applies

The European Certificate of Succession can be requested for all cross-border successions opened after August 17, 2015, if the deceased:

• had habitual residence in a Member State of the EU, or
• owned assets located in multiple European countries.
  
  

The law applicable to the succession is generally that of the State in which the deceased had their habitual residence. However, a European citizen may expressly choose, in their will, to subject the succession to the law of their nationality (the so-called professio iuris).

How to obtain it: the role of the Agenzia delle Successioni

In Italy, the European Certificate of Succession can be requested through a notary, who acts as the competent authority for the inquiry and issuance of the certificate. However, for those who wish to be fully and safely guided through the entire process, it is also possible to contact the Agenzia delle Successioni, an entity specialized in handling inheritance matters, including those with international elements.

Thanks to a team of professionals with expertise in European inheritance law, the Agency:

• assists in gathering and preparing documents;
• evaluates the applicable law to the succession;
• manages relations with the notary competent for issuing the ECS;
• provides comprehensive support for the registration of assets abroad.

This professional intermediation service allows heirs to avoid errors, delays, or interpretive issues related to European regulations.

The documentation generally required includes:

• the deceased’s death certificate;
• identity documents and tax codes of the heirs;
• the will (if it exists) or other notarized acts;
• the inheritance declaration;
• asset documentation (property records, bank accounts, etc.);
• information on the deceased’s habitual residence or any choice of law.

The ECS is issued using a standardized form valid across the Union (Form IV annexed to the Regulation) and is valid for six months, renewable upon request. It may subsequently be corrected, amended, or revoked in case of new developments or errors.

Legal value and effects

The European Certificate of Succession is automatically recognized in other participating Member States, without the need for legalization, apostille, or exequatur. This means it can be used:

• to obtain registration in foreign property registries;
• to assert rights before third parties (such as banks or public administrations);
• to administer estate assets located in other EU countries.

However, despite its evidentiary value, the ECS does not replace national formalities required to effectively transfer assets (such as land registry entry or local record registration), which remain governed by the law of the State where the assets are located.

ECS vs. Italian certificate of inheritance

Unlike the Italian certificate of inheritance or the substitute declaration of affidavit, which are only valid within national borders, the European Certificate of Succession is a supranational instrument. Drafted according to a uniform model and automatically recognized in participating EU countries, it provides greater certainty and immediacy in proving inheritance rights internationally.

Advantages and limitations

Main advantages

• Immediate effect in all participating Member States;
• Document standardization: one certificate for the entire EU;
• Reduced time and costs;
• Protection of the legitimate expectations of third parties acting based on the certificate.

Limitations and challenges

• It is not valid in non-EU countries or those not party to the Regulation;
• It has no constitutive value: it attests to existing rights, it does not create them;
• It does not exempt from local requirements for asset transfer;
• The determination of the deceased's habitual residence may involve interpretative uncertainties.

The European Certificate of Succession is a fundamental legal tool for efficiently and transparently handling successions with international elements. In an increasingly integrated Europe, where estates and families often extend beyond borders, the ECS guarantees certainty, speed, and protection for all parties involved in the succession.

Relying on qualified professionals is the safest choice to avoid procedural or interpretive errors. The Agenzia delle Successioni, through its experts in inheritance matters and constant updates on European regulations, is a reliable point of reference for obtaining the European Certificate of Succession with efficiency, precision, and full regulatory compliance.