The European Certificate of Succession (ECS) is a legal instrument established by Regulation (EU) No 650/2012, aimed at facilitating the administration of inheritance matters with cross-border elements within the European Union.
Its purpose is to enable heirs, legatees, executors of wills, or administrators of estates to prove their legal status and rights in another EU Member State, without the need for additional recognition procedures. The use of the ECS is optional and does not replace national inheritance certificates; however, when issued, it produces direct effects in all participating Member States.
The Regulation applies to successions where the deceased passed away on or after 17 August 2015.
Cross-border nature of the succession
A European Certificate of Succession may be issued only where the inheritance has a cross-border dimension, namely when the certificate is intended to be used in a Member State other than the one in which it is issued.
In practice, such a cross-border element may arise where the estate includes assets located abroad, such as bank accounts, investments, or immovable property situated in another Member State.
Jurisdiction and competent authority
Jurisdiction is determined in accordance with Regulation (EU) 650/2012. As a general rule, the courts of the Member State in which the deceased had his or her habitual residence at the time of death have jurisdiction over the succession as a whole.
In Greece, the competent authority for issuing the European Certificate of Succession is the Court of First Instance (Πρωτοδικείο), acting under voluntary jurisdiction proceedings. The competent court is determined by the deceased’s last habitual residence in Greece. The court issues a judicial decision and subsequently provides the European Certificate of Succession.
Applicable law
The law governing the succession is determined exclusively by Regulation (EU) 650/2012 and prevails over national conflict-of-law rules.
As a general rule, the applicable law is the law of the State in which the deceased had his or her habitual residence at the time of death. However, the deceased may have chosen, during his or her lifetime, the law of the State of his or her nationality to govern the succession, provided that such choice was validly made.
Scope and effects of the European Certificate of Succession
The European Certificate of Succession has a comprehensive character, as it certifies the succession as a whole and reflects the rights of all beneficiaries. It cannot be limited to a single heir or to part of the estate.
Once issued, the certificate may be used directly in other Member States to prove inheritance rights, without any special procedure for recognition or enforcement.
Conclusion
The European Certificate of Succession is a valuable legal tool for managing cross-border inheritance matters within the European Union. Its proper use requires careful assessment of jurisdiction, applicable law, and the factual elements of the succession, ensuring legal certainty and efficiency for beneficiaries involved in more than one Member State.
