Frequently Asked Questions about the European Certificate of Succession

Questions and Answers on the European Certificate of 
Succession in Germany

1. What is the European Certificate of Succession (ECS)?

 

The European Certificate of Succession is an official document that identifies heirs, legatees, and executors of a will within the EU and confirms their rights abroad.

 

2. What is the purpose of the European Certificate of Succession?

 

It facilitates the settlement of cross-border inheritances within the EU by being recognized in all member states and confirming the rights of the heirs.

 

3. In which countries can I use the European Certificate of Succession?

 

It is valid in all EU member states, except Denmark and Ireland, which do not participate in the EU Succession Regulation.

 

4. Who can apply for the European Certificate of Succession?

 

Heirs, legatees, executors of wills, or estate administrators can apply for the ECS if they are handling a cross-border inheritance within the EU.

 

5. Where do I apply for the European Certificate of Succession?

 

The application for the ECS must be submitted in the EU member state where the deceased had their last habitual residence at the time of death.

 

6. What documents do I need to apply for the ECS?

 

The required documents may vary by country, but typically include a death certificate, will, inheritance contracts, and identification documents.

 

7. Do I need to have the European Certificate of Succession translated?

 

The ECS is issued in the official language of the issuing state. In some cases, a certified translation may be required to present it in another member state.

 

8. How long is the European Certificate of Succession valid?

 

It is generally issued with a six-month time limit. If circumstances regarding the estate change, an update may be necessary.

 

9. Can multiple European Certificates of Succession be issued?

 

No, only one European Certificate of Succession is issued per inheritance. However, the competent authority can issue certified copies.

 

10. How long does it take to receive the European Certificate of Succession?

 

Processing times depend on the member state, but it usually takes several weeks to a few months.

 

11. Is the European Certificate of Succession mandatory?

 

No, the ECS is optional. However, it significantly simplifies the process of handling an inheritance across multiple EU countries.

 

12. Can I use the European Certificate of Succession if the deceased lived outside the EU?

 

No, the ECS can only be issued if the deceased had their last habitual residence in an EU member state. However, if the deceased chose the application of German law by will or inheritance contract, the issue of jurisdiction, i.e., which court or authority from which country issues the ECS, must still be clarified.

 

13. How much does it cost to obtain a European Certificate of Succession?

 

The costs vary depending on the country and the size of the estate. Both court and notary fees may apply.

 

14. What should I do if the European Certificate of Succession is incorrect or incomplete?

 

In such cases, an application for correction, amendment, or revocation of the ECS can be submitted to the issuing authority.

 

15. Can I appeal the decision regarding the European Certificate of Succession?

 

Yes, it is possible to appeal the decision of the issuing authority, subject to the respective national regulations.
 

 

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