What is the European Certificate of Succession and what is it for?

The European Certificate of Succession, abbreviated ECS, is a document that regulates international successions in the countries of the European Union, facilitating the transfer of inheritances. It is regulated by EU Regulation 650/2012 and has avoided the need to carry out succession procedures country by country since 2014.

It identifies the heirs, legatees, estate administrators, executors of the estate and their rights and obligations within the framework of the succession, so that, after the death and once the succession has been opened, they can dispose of the assets, obtain information about the estate, carry out management, subrogate in the position of the deceased…

And it is valid in destination countries, origin countries and international successions.

With the EES, an heir, legatee or administrator will be accredited as such and will avoid the need to obtain additional documents in each country that requires it. Its advantage is to simplify the administration of assets in different countries and the inherited assets. Thus, it is a document that facilitates and speeds up succession processes, avoiding complications in European international inheritances.

Now that we know what the European Certificate of Succession is and what it is for, we introduce more related information, such as its issuance and necessary documentation.

• Details of the deceased.
• Identity of the heirs and their rights.
• Rights and obligations of the legatees and their limitations.
• Administrators of the inheritance, their powers and limitations.
• Marriage settlements.
• Date of issue, case reference and details of the authority that issued it.
• Whether the succession is with or without a will and the acceptance or renunciation by the heirs.
• Inventory of rights and assets.

For those who know what the European Certificate of Succession is, the next question will be who can apply for it. Thus, anyone with a legitimate interest in an inheritance can do so, such as the aforementioned heirs, legatees, estate administrators or executors (executors or estate accountants), but neither creditors nor financial institutions will be able to.

In Spain, it is the Notaries who can issue the European succession certificate. Their role provides legal certainty to the process, ensuring that the rights of the parties involved will be recognised throughout the European Union. Likewise, they guarantee the legality of the document.

The Notary who issues it must be the one who declared the succession, that is to say, the Notary with whom, for example, the succession with a will and acceptance of inheritance has been processed.

The next steps in a notary's office will consist of verifying the documents and the statements made, so that, if they are correct, the ESC can be issued.

The original document will be kept by the notarial authority, who will deliver authentic copies of the certificate to the parties involved.

To process the European Certificate of Succession, the following documentation is required:

• Death certificate, apostilled and translated, containing the personal details of the deceased. If the person had changed their name or surnames, the official birth certificate, passport or DNI must be provided.
• Personal details of the applicant (DNI, Passport or residence card), as well as proof of their legitimate interest through a family relationship via official certificates (Birth or Family Book), marriage, heir status… If the applicant is represented, the identity of the representative and the authorised copy of the power of attorney must also be submitted.
• Details of the spouse/ex-spouse or partner/ex-partner.
• Details of beneficiaries by mortis causa.

The purpose for which the ECS is requested must also be proven, as well as the applicant’s right over the succession, whether there are prenuptial agreements, or if some beneficiaries renounce or accept the inheritance.

The EU countries not adhering to the Regulation are Ireland and Denmark.

Indeed, the European Certificate of Succession can be issued in full or in part, depending on the purpose of issuing the European Certificate of Succession.

It will depend on the availability of the documents and the verification of their authenticity.

The price of the CSE depends on the Notarial Fee, the number of pages and copies that need to be processed along with the electronic protocol diligences. Therefore, it is something that must be considered on a case-by-case basis, as inheritances are very different from one another. If you want a quote tailored to your case, do not hesitate to contact us.

Initially, the validity of the European Certificate of Succession is 6 months and both the issuance and the expiry date must be stated on the certificate. It can be extended and renewed.

The certificate, which follows a model approved by the EC, reduces translation and legalisation costs. Similarly, it eliminates the need for apostilles, reducing costs and processing time.