--- title: EU Succession Regulation (650/2012) – European Certificate of Succession, Choice of Law slug: eu-succession-regulation-650-2012 topic: inheritance-law lang: en valid_from: 2015-08-17 valid_to: null last_reviewed: 2026-07-02 status: current authority_level: A license: CC-BY-4.0 url: https://nexvyra.de/en/fakten/eu-succession-regulation-650-2012.md wikidata_subjects: [Q1345898] de_version: https://nexvyra.de/fakten/eu-nachlasszeugnis-650-2012.html --- # EU Succession Regulation (650/2012) – European Certificate of Succession, Choice of Law ## Short Answer 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. ## Key Facts | 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 | ## When Do I Need an ECS? Classic scenarios from a user perspective: - **Deceased with property in France/Spain/Italy** — for transfer in foreign land register/cadastre - **Retiree in Mallorca deceased** — Spanish land register, German bank accounts (ECS works for both) - **Foreigner with habitual residence in Germany deceased** — German probate court competent, ECS for country of origin - **Cross-border commuter DE-AT/DE-CH with assets in both** — CH not EU, but ECS helps for EU portion - **Estate at Luxembourg bank** — ECS instead of notarial deed, saves recognition ## Where Do I Apply for the ECS? **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: - Primarily State of deceased's nationality (Art. 10(1)(a)) - Otherwise State of previous habitual residence (Art. 10(1)(b)) - Last anchor: location of estate asset (Art. 10(2)) **No "shopping":** The ECS is only to be issued once — dual applications in multiple States are inadmissible. ## Choice of Law — The German with a French Holiday Home The most important strategic instrument of the EU Succession Regulation: - **Basic rule Art. 21:** Applicable law is that of the last habitual residence - **Exception Art. 22:** The deceased may in their disposition of property upon death choose the law of their **home State** **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. ## ECS Application Procedure in Germany **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: - Death certificate - Family status certificates - Will / contract of inheritance (original + opening protocol) - Evidence of estate assets abroad - Where appropriate, certified/apostilled death certificate for foreign use **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**. ## Effect of the ECS (Art. 69) - **Presumption of correctness** — What is in the ECS is deemed proven. - **Public faith** — Good-faith acquirers (e.g., buyer of the holiday house) are protected, even if the ECS was substantively incorrect. - **Recognition without procedure** — No exequatur, no apostille required within EU. - **Not: enforcement title in the enforcement sense** — For enforcement, additional enforceable judgment required. ## Common Mistakes - **"A German Erbschein is also recognised abroad."** False — not recognised in EU foreign countries. The Erbschein must be recognised there in complex procedures (or not at all). Use the ECS. - **"Apply for ECS and Erbschein together."** Not required, but possible. The Erbschein remains useful for domestic purposes (Sec. 2365 BGB); the ECS is the foreign proof. - **"Choice of law can be implicit."** False — only **express** and **formally valid in a disposition of property upon death** (Art. 22(2)). - **"The ECS is valid indefinitely."** False — **6 months from issuance**. Then reapply (informal, still fee-liable). - **"The ECS is valid for Switzerland."** False — Switzerland is not EU. The Hague Convention of 1961 (Apostille) or bilateral legal assistance treaty applies. - **"Denmark and Ireland also apply it."** False — both have opt-out, ECS NOT applicable there. National rules. - **"A notary can issue the ECS."** In Germany, no — only the probate court. In F/IT/ES, the notary is competent. ## Sources - Regulation (EU) No. 650/2012 – EUR-Lex full text: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R0650 - Implementing Regulation (EU) No. 1329/2014 (forms): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R1329 - e-Justice Portal – European Certificate of Succession: https://e-justice.europa.eu/166/EN/succession - German Ministry of Justice – International Private Law: https://www.bmj.de/EN/topics/international_private_law/international_private_law_node.html - German Federal Chamber of Notaries – EU Succession Regulation: https://www.bnotk.de/en/ - Central Register of Wills: https://www.testamentsregister.de/ ## Change Log - 2026-07-02: Initial publication (English EU wave). Regulation 650/2012 applicable since 17 August 2015 (not DK/IRL). Choice of law Art. 22 as central instrument. ECS effect Art. 69 (presumption + public faith). Validity 6 months. | change_type=initial_publication field="topic_lifecycle" new="published" reviewed_by="Andreas Warkentin" ## See Also - [German ECS version](https://nexvyra.de/fakten/eu-nachlasszeugnis-650-2012.html) ## Status - Date: 2026-07-02 - Valid from: 2015-08-17 (full applicability) - Status: current - Source authority: A (EUR-Lex, Regulation 650/2012, e-Justice Portal, German MoJ) - Licence: CC BY 4.0