The European Certificate of Succession (ECS) is the EU-wide recognised legitimation document for heirs, legatees, executors, and estate administrators — governed by the EU Succession Regulation No. 650/2012 (Arts. 62-73), applicable since 17 August 2015 in all EU Member States except Denmark and Ireland. It replaces national certificates of inheritance (e.g., the German "Erbschein" under Sec. 2353 BGB) for international succession cases. Competent authority: the court of the Member State whose authorities have jurisdiction under the Regulation — generally the State of the deceased's last habitual residence (Art. 4). The ECS has presumption of correctness + public faith (Art. 69) — it proves heir status EU-wide without recognition procedure. Validity period: 6 months (Art. 70(3)), renewable. For persons with property in EU foreign countries (holiday home in France, capital investments in Luxembourg, real estate in Spain), the ECS is usually simpler than 6+ national inheritance certificates.
| Item | Value |
|---|---|
| Legal Basis | Regulation (EU) No. 650/2012 of 4 July 2012 |
| Applicable Since | 17 August 2015 |
| Territorial Scope | All EU Member States EXCEPT Denmark and Ireland |
| Basic Jurisdiction | Member State of last habitual residence [Art. 4] |
| Choice of Law Possible | Law of State of nationality [Art. 22] |
| Issuing Authority Germany | Probate court (local court of last residence) |
| Issuing Authority Other States | Notary (F, IT, ES), court (Poland, Hungary), authority |
| Effect: Presumption of Correctness | Yes [Art. 69(2)] |
| Effect: Public Faith | Yes – good-faith acquirer protected [Art. 69(3) and (4)] |
| Validity Period | 6 months from issuance [Art. 70(3)] |
| Renewal | On application, any time [Art. 70(3)] |
| Certified Copies | On request – costs and quantity free |
| Application Forms | Standardised per Implementing Regulation (EU) 1329/2014, Annexes IV+V |
| Relationship to National Certificate | ECS replaces national certificate for foreign matters, does NOT need to be applied for in parallel |
| Applicable Succession Law | Law of last habitual residence [Art. 21] – if no choice of law |
| Applicable Law with Choice | Law of nationality [Art. 22] |
| Form Requirement for Choice of Law | Expressly in a disposition of property upon death [Art. 22(2)] |
| Cost Germany | Court and Notary Fees Act (GNotKG) value-dependent (up to €500k: ~€546) |
| Cost Other States | France notarial fees, Italy stamp + notary, Spain value-dependent |
Classic scenarios from a user perspective:
Basic rule Art. 4: Competent is the Member State of the deceased's last habitual residence.
Choice of law case Art. 7: If the deceased made a choice of law (State of nationality) in a disposition of property upon death, the heirs can choose jurisdiction of that State if this corresponds to the deceased's will.
Subsidiary jurisdiction Arts. 10, 11: If last residence outside EU but estate in EU:
No "shopping": The ECS is only to be issued once — dual applications in multiple States are inadmissible.
The most important strategic instrument of the EU Succession Regulation:
Concrete: A German with a second residence in France, permanently living there, would under the basic rule be subject to French succession law — including mandatory heirship of children of 75 % (with 3+ children) and rigid division. If in her will she chooses German law, German compulsory portion (50 % of statutory share) applies and free testamentary capacity over the German quota.
Important: The choice of law must be express and formally valid in a disposition of property upon death (will, contract of inheritance). Implied choice does not suffice.
Step 1 — Determine applicable law. Choice of law present? Last habitual residence? Consult specialist lawyer if in doubt.
Step 2 — Verify jurisdiction. German probate court = local court of last residence (for foreigners deceased abroad with DE estate: Berlin-Schöneberg local court as catch-all).
Step 3 — File application with form Annex IV of IR (EU) 1329/2014. In German, with translations for other languages. Attach:
Step 4 — Examination + hearing by the probate court. In more complex cases, several months.
Step 5 — Issuance of ECS + certified copies in Annex V of IR. Certified copies recognised in all EU States — 6 months' validity.
Step 6 — Use abroad. Notary in F/IT/ES processes property transfer with the ECS directly — no additional national procedure.