If the deceased was habitually resident in France at the time of death, the French courts have jurisdiction under Art. 4 of the European Succession Regulation. Under French law, notaries are competent to issue a European Certificate of Succession, Art. 1381-1 CC. However, the situation may be different if the testator has made a choice of law. You can find further information in our Article on the European Certificate of Succession.
If the European Certificate of Succession is to be applied for in France, a German certificate of inheritance cannot be applied for even if assets (including real estate) are located in Germany. This has the ECJ in the Oberle case already decided. If you have any questions, please contact your specialist inheritance lawyer in Düsseldorf and Krefeld, Dr Michael Gottschalk.