How is a property abroad, e.g. a holiday home, transferred in the event of inheritance?
Many people own a holiday home or a second home abroad. In the event of inheritance, the question arises as to how this property located abroad is transferred.
Almost all EU member states keep a register of the properties located on their territory. However, each country has its own rules regarding the design of the register, the information contained in it and the conditions under which entries are made.
In order for the register to make a transfer of ownership in the event of inheritance, the succession must be proven. If the property is located in the country in which the testator also had their last habitual residence, succession is usually proven to the register by means of a national certificate of inheritance.
If, on the other hand, the deceased had their last habitual residence in another country that is a member state of the European Succession Regulation, a European Certificate of Succession (ENZ) must be applied for there, which can then be used to prove succession to the register of the country in which the property is located. For third countries that are not member states of the European Succession Regulation, such as England, the USA and Canada, limited certificates of inheritance under German law must generally be applied for, as explained in another article.
However, most registers in other EU countries do not accept the mere presentation of a European Certificate of Succession issued by another member state. Some registers require the presentation of further documents, such as the death certificate, a certified translation of the European Certificate of Succession or an extract from the register of wills (Latvia, Greece, Estonia). Some registers require a designation of the property in the European Certificate of Succession (Romania, Croatia, Lithuania). For this reason, the requirements of the register abroad must be taken into account when applying for the European Certificate of Succession. Careful preparation is required here to ensure that the transfer is actually carried out by the register.