European Certificate of Succession 

The European Certificate of Succession (ECS), established by Regulation (EU) No. 650/2012 of the European Parliament and of the Council, commonly referred to as the Succession Regulation or “Brussels IV”, represents one of the most significant innovations in the landscape of European Succession Law. 

The aim of the EU legislator was to create a single instrument, directly applicable in all Member States (with the exception of Denmark and Ireland). This facilitates the administration of cross-border successions, namely those involving persons or assets located in more than one Member State. 

In a context in which the free movement of persons has increasingly given rise to cross-border family and property situations, the ECS serves as a mechanism for simplification and legal certainty. 

What is the ECS? 

The ECS is specifically designed to simplify procedures in cases where assets or heirs are located abroad. Its primary objectives include: 

• Verifying the status of heir or other succession rights in cross-border contexts; 

• Facilitating the swift and efficient settlement of international successions; 

• Enabling the assertion of succession rights abroad without the need for additional recognition procedures in each country; 

• Providing a legally recognised form of proof that is uniform throughout most EU Member States (except Denmark and Ireland). 

What is the purpose of the ECS? 

The European Certificate of Succession simplifies the recognition of succession rights in other EU Member States without the need to undergo additional formalities or validation procedures. By means of the ECS it is possible to: 

• access bank accounts or assets of the deceased located abroad; 

• administer cross-border estates; 

• collect sums of money or securities; 

• execute testamentary dispositions; 

• bring legal actions for the protection of the estate. 

In practice, the certificate reduces the time, costs and complexity associated with international successions, providing a practical and recognised instrument throughout the European Union. 

When is it useful? 

The ECS is particularly useful when: 

• the deceased owned assets in several EU Member States; 

• the heirs reside in different Member States; 

• it is necessary to prove one’s rights in another Member State. 

For example, if a French national dies leaving an apartment in Germany and financial investments in Italy, the heirs—residing in different EU Member States—may use the ECS to assert their rights over the entire estate, avoiding the need to initiate separate succession procedures in each country. 

How to obtain the ECS 

The certificate may be requested by anyone with an interest in proving their succession status, namely: 

• heirs and legatees; 

• executors of the will; 

• administrators of the estate. 

The application must be submitted to the competent authority of the Member State in which the succession has been opened. 

Function and legal nature of the ECS 

The European Certificate of Succession is not mandatory, but constitutes an administrative facilitation of significant practical importance. It allows for the official and uniform identification of heirs, legatees, executors or administrators of the estate, as well as for the precise determination of their respective shares. 

In other words, the ECS operates as legally recognised proof at European level, enabling the holder to assert succession rights in all Member States applying the Regulation, without the need for further recognition or validation procedures. This avoids the initiation of separate proceedings in each country where the deceased owned assets or accounts, with a substantial saving of time and costs. 

The intention of the EU legislator was therefore to provide a single, practical and uniform instrument capable of reducing the complexity of international successions and strengthening the protection of the hereditary rights of EU citizens. 

Competent authorities and issue procedure 

The European Certificate of Succession may be requested by anyone having a legitimate interest in asserting their hereditary status, namely heirs, legatees, executors or administrators of the estate. 
The application must be lodged with the competent authority of the Member State in which the succession has been opened, in accordance with the jurisdictional rules laid down by Regulation (EU) No 650/2012. 

In Italy, competence is vested in the notary, pursuant to Article 32 of Law No 161 of 2014, which implemented the EU provisions on succession matters. The notary, having verified the relevant requirements, issues the certificate on the basis of the standardised forms prepared by the European Commission (Article 67 of the Regulation). 

Forms and issuance 

The Regulation provides for uniform forms both for the application and for the issuance of the certificate, in order to ensure consistency and comprehensibility throughout the European Union. 
The issuing authority retains the original certificate and may issue authentic copies, each valid for six months from the date of issue, renewable if necessary. 

Procedures are also provided for the rectification, amendment or revocation of the certificate where material errors, new information, or changes in the legal situation of the interested parties arise. This ability to update ensures that the document remains current and accurately reflects the legal status of the succession. 

Effectiveness of the Certificate 

The ECS has immediate and direct effect in all Member States applying Regulation (EU) No 650/2012. 
This means that the holder may exercise the rights and powers granted to them without additional formalities—for example, disposing of inherited assets or requesting information from foreign financial institutions. 

In conclusion, the European Certificate of Succession constitutes an instrument of simplification, legal certainty and harmonisation of European succession law, capable of strengthening mutual trust between Member States and ensuring that citizens can exercise their hereditary rights beyond national borders in an easier and more effective manner. 

Purpose and advantages of the Certificate 

Through the issuance of the ECS, interested parties may access assets located abroad, manage bank accounts, administer the deceased’s estate, or exercise rights arising from a testamentary bequest. 
The certificate also enables the initiation of judicial or administrative proceedings necessary for the protection of succession rights without the need for further formal recognition in the foreign State. 

Its principal strength lies in its immediate effectiveness in all Member States: no exequatur procedure, legalisation or apostille is required, as the document enjoys full validity and direct evidentiary force within the Union. 
In this way, the ECS significantly reduces the time and costs associated with international successions, simplifies interactions with foreign authorities, and ensures smoother management of the estate. 

What does case-law say? 

However, the matter must be analysed and applied in light of the relevant case-law. 

In its judgment of 23 January 2025, Case C-187/23, the Court of Justice clarified that the European Certificate of Succession cannot be issued where the succession situation is subject to dispute: the function of the certificate presupposes the absence of conflicts concerning the rights and statuses it is intended to attest. 

In its judgment of 9 March 2023, Case C-354/21, the Court held that a national land registry may legitimately refuse to register an immovable property transaction where the only document submitted is an ECS that does not specify the property in question, as the certificate must contain sufficiently specific elements to permit registration in the public registers.