The European Certificate of Succession

Since 17 August 2015, the European Succession Regulation (EuErbVO) applies to inheritance cases with an international European dimension. The German certificate of inheritance was supplemented by the European Certificate of Succession by this regulation. This topic raises questions that are not only relevant for lawyers. The most important and practically relevant questions will be addressed here. 

• What is a certificate of inheritance?
• How does the European Certificate of Succession differ from the German certificate of inheritance?
• Which document do I need?
• Where is the European Certificate of Succession valid?
• Where do I apply for the European Certificate of Succession?
• What must the application contain?
• What costs will I incur?
• What do I have to do if the certificate of inheritance is incorrect?

What is a certificate of inheritance?

A certificate of inheritance is an identification document that attests to the status of heir or co-heir. Under German law, the heir already assumes the position of the testator upon inheritance and automatically becomes the owner of all assets belonging to the estate. This does not require a separate act. A court therefore does not first have to establish that someone has become an heir. In practice, however, the heir must regularly prove this to other persons in order to access the estate assets. With the certificate of inheritance, the heir can therefore identify himself as such to others.

In many cases, banks and insurance companies insist on a certificate of inheritance, especially if the succession is not easy to recognise. If the bank were to pay the credit balance to a person who is not actually an heir without a certificate of inheritance, it would not be released from its payment obligation. The bank would therefore have to pay the amount again to the correct heir. However, if the bank is presented with a certificate of inheritance, it can rely on the fact that it was authorised to pay the credit balance to the heir shown on the certificate of inheritance. A certificate of inheritance therefore protects „good faith“. 

How does the European Certificate of Succession differ from the German certificate of inheritance?

The German certificate of inheritance is generally only valid in Germany. Abroad, you would have to expect that authorities, banks and other third parties would not accept it. For this reason, the EU has introduced the European Certificate of Succession as a „European certificate of inheritance“. If you apply for this certificate of inheritance, it is throughout the EU (with the exception of Denmark, Ireland and Great Britain). This means that you do not need to apply for a separate certificate of inheritance in each member state.

This simplifies cases in which the deceased was usually resident in another European country at the time of death or his assets are located in several member states.

Example:

You are the sole heir in an inheritance case that is subject to Spanish law. The deceased had his last habitual residence in Spain. It turns out that the deceased had assets in an account at a German bank. You now have to apply for the European Certificate of Succession in Spain and can use it to identify yourself as an heir in both Spain and Germany. 

It should be emphasised that the European Certificate of Succession pursuant to Art. 70 para. 3 of the European Succession Regulation is only a Validity period of six months possesses. After that, it loses its probative value and is no longer proof of inheritance status. Once you have received the certificate of inheritance, it is therefore important to settle the inheritance matters quickly. Although special arrangements can be made in exceptional cases, it is usually necessary to renew the certificate of inheritance, which incurs new costs.

Which document do I need?

Whether you need to apply for a German certificate of inheritance or the European Certificate of Succession depends on whether the estate assets are international references shows. A European Certificate of Succession is not required for the settlement of an estate located solely in Germany. Although a European Certificate of Succession would also have to be accepted in a purely domestic succession case (Art. 62 para. 3 sentence 2 EU Succession Regulation), from a practical point of view it is advisable to apply for a German Certificate of Succession, as authorities and private individuals in Germany have more experience with the German Certificate of Succession than with the relatively new EU Certificate of Succession. As soon as you want to access assets in other European countries, it is advisable to apply for a European certificate of inheritance. 

Applying for a certificate of inheritance can be complex. The information required always depends on the individual case. Errors in the procedure can lead to the Certificate of inheritanceincorrectly or even not at all is issued. There is a lot to consider when it comes to the question of where to apply for the certificate of inheritance alone and it is important to avoid mistakes. We will be happy to help you with this so that you can obtain your rights quickly.

Where do I apply for the European Certificate of Succession?

The certificate of succession is not simply issued by the probate court; the heirs must take action. To do this, the heirs must apply to a probate court in accordance with Art. 64 of the EU Succession Regulation. court or another public authority that has jurisdiction for succession matters under national law. The country in which the application is to be submitted generally depends on where the deceased had their habitual residence at the time of death, Art. 4 of the Regulation. This depends on the circumstances of the deceased's life.

Example:

The testator lives in Germany and has a holiday home in Spain. The testator dies while on holiday. No choice of law was made. The question now is where the deceased had his habitual residence. In this case, this is Germany. The German courts therefore have jurisdiction for this inheritance case and the European Certificate of Succession would have to be applied for at a German court. The Spanish courts would not have jurisdiction to issue an EU Certificate of Succession. 

However, there are also exceptions to this. According to Art. 22 of the EU Succession Regulation, the testator can choose which succession law is to apply to their succession (Choice of law). In this case, the courts of the state of the chosen law may have jurisdiction if the court first seised in the state of habitual residence declines jurisdiction on application (Art. 7(a) in conjunction with Art. 6(a)) because it considers that the courts of the state of the chosen law would be better placed to rule on the matter. Such a decision by the court of habitual residence would be conceivable if the vast majority of the estate assets were also located in the state of the chosen law. Further information can be found in our Article on jurisdiction under the EU Succession Regulation.

Who can submit the application?

Pursuant to Art. 65 para. 1 in conjunction with Art. 63 para. 1 EU Succession Regulation Heirs, legatees with direct entitlement to the estate, Executor and estate administrator submit an application for the issue of a European Certificate of Succession. This means in particular that no notary must submit the application. This also applies if the national law of a member state actually provides for this. In this respect, the Regulation „overrides“ national law. 

What must the application contain?

Art. 65(3)(a-m) of the Regulation imposes many requirements on the content of the application. These include information on

• Testator,
• Spouse or partner of the deceased,
• Applicant,
• other possible authorised parties,
• Facts on which the applicant bases his or her entitlement to the inheritance, contact details of the competent court,
• a possible will or contract of inheritance of the testator,
• a possible marriage contract of the testator,
• a waiver or acceptance of the inheritance by a beneficiary and
• possible inheritance disputes.

In order to comply with these requirements, the EU-provided Form be utilised. 

It should also be noted that the facts to be confirmed by the certificate of succession must be substantiated. To this end, all relevant documents must be attached to the application, either in the original or in the form of a copy that fulfils the necessary requirements for its probative value, Art. 65 para. 3 of the EU Succession Regulation. The details of the procedure are governed by the national law of the respective member state. It is therefore advisable to seek advice at this point in particular in order to avoid mistakes. We will be happy to help you with this. If the EU Certificate of Succession has to be applied for in another EU Member State, our colleagues in the respective foreign country will take care of this. 

What costs will I incur?

The costs for issuing the European succession register are based on the national law of the issuing member state. They are therefore different in each Member State. In Germany, the costs are based on Section 40 (1) sentence 1 no. 2 of the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (GNotG). The costs depend on the amount of the inheritance, whether co-heirs wish to join the certificate of inheritance and whether an affidavit has to be taken. Further costs are incurred if you have the certificate of inheritance translated by a sworn translator.

Example (without translation costs):

What do I have to do if the certificate of inheritance is incorrect?

As outlined above, the facts of the case must be documented accordingly when the application is made. Nevertheless, it can of course happen that the certificate of inheritance does not correctly reflect the actual succession, e.g. if a new testamentary disposition becomes known at a later date of which the parties were unaware when the certificate of inheritance was issued. If you discover that a certificate of inheritance is incorrect, you should inform the issuing authority. authority and follow the procedure laid down in the respective Member State for cancelling the effects of the certificate of succession. In this case, you should urgently seek legal assistance. We will also be happy to help you here and support you in asserting your interests.