European Certificate of Inheritance

The European Succession Regulation created the European Certificate of Succession (ECS) to facilitate the settlement of cross-border inheritance cases within the EU.

The European Certificate of Succession

Authorities issue the European Certificate of Succession (ECS) in cross-border inheritance cases within the EU and use it to prove both the status of heir and the right to administer an estate in other Member States.

The ECS was introduced with the EU Succession Regulation (No. 650/2012) and facilitates the settlement of cross-border inheritance cases.

This can be particularly helpful when:

• the deceased had assets in several EU Member States,
• the heirs live in different EU countries

Necessity of the European Certificate of Succession (ECS)

The European Certificate of Succession is not mandatory, but in many cases very helpful. It can be used to:

• transfer real estate or bank accounts in other EU countries,
• identify oneself as an heir or executor,
• enforce rights from the estate, without having to initiate national proceedings abroad.

Important: The ECS is valid in all EU Member States, except Denmark and Ireland.

Peter Harlander
Harlander & Partner Rechtsanwälte „Gerade bei grenzüberschreitenden Erbfällen schafft das Europäische Nachlasszeugnis endlich die dringend benötigte Rechtssicherheit für Erben und Nachlassabwicklung“

Persons Entitled to Apply:

The following persons are eligible to apply, as stated in Art 63 para. 1 EU Succession Regulation the persons mentioned:

• Heirs
• Legatees with direct entitlement to the estate
• Executors
• Estate administrators

These are the typical parties involved in a cross-border inheritance case.

Issuing Authority for the European Certificate of Succession in Austria

In Austria, notaries (as court commissioners) are responsible for issuing the ECS within the probate proceedings.

The application is submitted to the competent district court (probate court) as part of the Austrian probate proceedings.

Formal Requirements

For submitting an application in European succession proceedings, Form IV of EU Implementing Regulation 1329/2014 can be used. This standardized form facilitates cross-border inheritance cases within the EU.

Alternatively, the provisions of the Non-Contentious Proceedings Act (AußStrG) apply. The following formal requirements must be observed:

• Applications can be submitted in writing or verbally for the record at the court.
• In probate proceedings, applications must generally be addressed to the court commissioner.
• Other submissions, such as appeals or applications requiring a court decision, must be addressed directly to the competent court.

In Austria, the European Certificate of Succession is always submitted to the probate court.

Required Documents for the European Certificate of Succession

For the European Certificate of Succession to be issued correctly, certain information is required in the application. This information helps the authority to clarify the inheritance relationships unequivocally.

Mandatory Information in the Application (Pursuant to Art. 65 Para. 3 EU Succession Regulation):

Deceased (Testator):

• Full name (incl. maiden name)
• First name(s), Gender
• Date and place of birth
• Civil status, Nationality
• Identification number (if available)
• Last residential address
• Date and place of death

Applicant:

• Full name, First name(s), Gender
• Date and place of birth
• Civil status, Nationality
• Identification number (if available)
• Current address
• Relationship to the deceased (if applicable)

Additional Information:

• Name, Address:
  • of other potential heirs or beneficiaries
  • Spouses or partners of the deceased (including former partners)
  • Representative of the applicant (if available)
• What is the Certificate of Succession to be used for? (e.g., proof of heirship abroad)
• Information on the competent court or authority handling the inheritance case (if known)
• Why is the applicant entitled to inherit or administer the estate?
• Information on whether a will or inheritance agreement exists.
• Information on a marriage contract or partnership agreement
• Has the acceptance or renunciation of the inheritance already been declared
• Declaration regarding ongoing legal disputes

Important:

For confirmation, corresponding documents or proofs (e.g., birth certificate, will) must generally be attached.

How Can our Law Firm Assist You?

• Consultation on whether an ECS is advisable in your case
• Compilation of all necessary documents
• Application to the competent notary/court commissioner
• Guidance throughout the entire probate proceedings
• Communication with foreign authorities or banks

Peter Harlander
Harlander & Partner Rechtsanwälte „Aus Erfahrung weiß ich: Ohne fachkundige Unterstützung verzögern sich viele Verfahren, weil Nachweise oder Formvorschriften fehlen. Eine professionelle Antragstellung beschleunigt den gesamten Ablauf.“

Frequently Asked Questions – FAQ