European Certificate of Succession: when it is mandatory and how to obtain it

Some inheritances are resolved with a visit to the notary and nothing more. And then there are inheritances that cross borders, with an account in France, an apartment in Spain, land in Germany, or heirs scattered across Europe. This is where the European Certificate of Succession ceases to be a strange term and becomes the key to unlocking the process.

This guide will explain when this document is practically indispensable, when it is merely recommended, and how to obtain it in Portugal without wasting months on back-and-forth trips.

What is the European Certificate of Succession?

The European Certificate of Succession is a uniform certificate, as provided for in Regulation (EU) No 650/2012, intended to be used in another Member State to provide proof of status and powers in the succession.

In practice, this document allows a foreign entity, such as a bank, land registry, or property manager, to accept your inheritance claim without requiring an endless set of domestic documents. It can be used for:

• To verify who the heirs are and their respective shares.

• To confirm the allocation of specific assets to an heir or legatee.

• To demonstrate the powers of an executor of a will or administrator of the estate.

When is the European Certificate of Succession mandatory?

Here it's important to clarify two ideas, because this is where many families make a mistake. The European Certificate of Succession is not legally required. So why do so many people talk about this document as if it were mandatory?

Because, in real life, this document often becomes mandatory in practice. Not due to direct regulatory imposition, but because the foreign entity may require a document that, for them, is simple, recognized, and sufficient.

If the inheritance is linked to another EU country, these are the situations in which the European succession document tends to be required as a condition for proceeding.

• Banks abroad requiring uniform proof of heirs and powers of attorney.

• Foreign land registries for registering the transfer of a property.

• Real estate sales outside of Portugal, where the buyer or notary requires clear proof.

• Release of insurance, funds or financial products in a Member State.

• Situations involving an estate administrator or executor of a will operating outside the country.

In which countries does the European Certificate of Succession work?

The European Certificate of Succession was designed for the European Union, but there are important exceptions. In practical terms, Denmark and Ireland do not follow the same framework, so this instrument may not be applicable in those countries. And, in practice, the United Kingdom is treated as a third state for these purposes, which is relevant when there are British assets.

This means that this document is a powerful tool for most processes within the EU, but it may not resolve everything when the inheritance involves countries outside the regulation.

Who can apply for the European Certificate of Succession?

It can be requested by:

• Heirs.

• Legatees with inheritance rights.

• Executors of wills.

• Estate administrators.

Does the European Certificate of Succession replace the formal declaration of heirs?

In Portugal, the process of establishing heirship remains the most common starting point for organizing succession, identifying successors, and unblocking internal procedures. This European certificate was not created to eliminate this reality, but to facilitate proof abroad.

A well-prepared European succession document almost always begins with well-handled documentation within the country.

How to obtain the European Certificate of Succession in Portugal?

In Portugal, the application can be submitted at a Probate Office, using a specific form.

It can also be requested at a notary's office. In some cases, there may also be the possibility of electronic submission, depending on the service and system availability.

In practice, this gives you three possible paths:

• Inheritance Counter.

• Notary office.

• Electronic submission is possible when available for your case.

What should I prepare before applying for the European Certificate of Succession?

The European Certificate of Succession depends on proven facts. If an essential document is missing, the process does not proceed, or proceeds with delays.

Before ordering, prepare:

• Death certificate.

• Full identification of the deceased and beneficiaries.

• Information regarding the deceased's usual residence and connections to other countries.

• A will, if one exists, or proof of its non-existence when relevant.

• Documents related to the marital property regime, when there is a surviving spouse.

• Information about the assets, especially those located in another country.

• An organized list of assets and liabilities, to avoid omissions.

Step-by-step guide to applying for the European Certificate of Succession.

The European Succession Certificate is not a generic application; it must fit the specific history of the succession. Use this roadmap as a method, even if you later seek support to implement it.

• Step 1: To confirm that the succession is transnational.

• Step 2: Define who will request it and in what capacity.

• Step 3: Gather evidence of the applicable law and the rights of each beneficiary.

• Step 4: Prepare the form and attachments, including information about assets and powers of attorney.

• Step 5: Submit the request at the Inheritance Desk or notary's office.

• Step 6: Respond promptly to additional requests for clarification.

• Step 7: Obtain certified copies of the document for use abroad.

Here's a detail that many people ignore, and it causes stress at the last minute.

Certified copies generally have a limited validity period. This is important because you may need to request a new copy if the process abroad takes longer. If the validity expires, you must request an extension or a new copy.

What does the European Certificate of Succession prove and what does it not prove?

The European Certificate of Succession was designed to produce direct effects between the Member States covered, avoiding unnecessary additional formalities.

In practice, whoever appears on this European certificate as heir, legatee, executor or administrator is treated, by the entities that receive it, as the holder of the rights and powers described therein, unless proven otherwise.

But be aware: this document doesn't solve everything.

• It does not resolve conflicts if the elements are disputed.

• It does not, by itself, replace national fiscal measures.

• This does not eliminate the need to handle inheritance matters in Portugal when there are assets here.

If there is a dispute between heirs, the path may involve probate and more formal procedures. In these scenarios, the European Certificate of Succession can be very useful, but it does not replace strategy and evidence.

How long does it take and what usually delays the European Certificate of Succession?

The processing time rarely depends solely on the office where it's requested. It depends primarily on three factors: the clarity of the heirs' claims, proof of applicable law, and the quality of the documentation. These are the most common obstacles that delay obtaining this document.

• Missing or outdated certificates.

• Questions regarding the deceased's habitual residence and international jurisdiction.

• Matrimonial property regime to be clarified, with impact on division of assets and inheritance.

• Unknown or disputed will.

• Assets held abroad without clear identification.

• Conflict between heirs regarding shares or list of assets.

For general expectations regarding the duration of the succession process, it may be helpful to see: How long does the inheritance process take?.

European Succession Certificate and registration of real estate abroad

Many people only hear about the European Certificate of Succession when they try to register a property in another country.

In practice, it may be accepted as supporting documentation for applications to register inheritance assets in another Member State, depending on the requirements of the local registry.

In practice, this means that this certificate can open doors in foreign land registries, but it remains essential to ensure that the content of the certificate is aligned with the reality of the property.

If the inheritance includes real estate and the family wants to proceed with division or sale, it's also worth considering: How to share an inheritance.

Conclusion

The European Certificate of Succession is one of the most useful tools for unlocking inheritances with international implications. The law states that it is mandatory, but in reality, many entities outside of Portugal treat it as a prerequisite for action.

If you want to avoid wasting months, organize the documentation, define who is entitled to it, rigorously prove the succession, and request the European succession document through the most appropriate channel for your case.

For complete inheritance support, from qualification to division and the European succession document, speak to our experts. Probate and inheritance lawyers.