What is the European Certificate of Succession?
Since the EU Succession Regulation came into force, the European Certificate of Succession (ECS) has served as standardised proof of status as an heir within member states (with the exception of Denmark and Ireland). It was specifically designed to replace the lengthy and costly process of having national certificates of inheritance recognised abroad.
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DR. SCHMIDT LEGAL provides expert assistance in reviewing the legal requirements and applying for this certificate. The objective is to ensure that you can immediately prove your status as a lawful heir to foreign authorities, allowing you to manage bank accounts or initiate the transfer of real estate titles.
Advantages over a National Certificate of Inheritance
In cross-border practice, the ECS offers several decisive advantages compared to a traditional German Certificate of Inheritance (Erbschein):
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Immediate Recognition: As a rule, it requires no further authentication (Apostille) or legalisation within the EU.
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Transparency: The certificate contains detailed information regarding the powers of heirs and executors, which increases acceptance among foreign financial institutions.
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Preservation of Deadlines: Faster processing allows for better compliance with critical deadlines, such as those for disclaiming an inheritance or updating land registries.
Assessment of Value and Liability Issues
The application for an international certificate of inheritance should always be accompanied by a meticulous review of the estate. Particularly in the case of foreign real estate or corporate holdings, it must be clarified in advance whether the estate holds genuine value or is subject to unknown encumbrances.
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Thorough research into the status of the land registry and the evaluation of available valuation reports are essential steps in this process. Within this framework, DR. SCHMIDT LEGAL assesses whether liability limitation measures, such as estate administration (Nachlassverwaltung), should be initiated to protect the heir’s private assets from claims by foreign estate creditors. Only once the risks have been fully analysed is the issuance of the certificate a secure path to taking over the estate.