It is a document regulated in Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012, which entered into force on 17 August 2015, on jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.
The purpose of this certificate is to be used in another EU Member State, producing the legal effects regulated by this Regulation. If we had to define it, we would say it is an official document proving the status of heir, legatee, administrator, executor or estate distributor, which may be used by the persons named in the certificate to invoke their legal status as heir, legatee, administrator or estate distributor in another Member State, or to exercise their succession rights in another Member State.
Applying for the European Certificate of Succession is voluntary, and in Spain it is requested from the Notary who opens the succession, in order to invoke that heir’s succession rights in another Member State where estate assets are located.
The certificate of succession aims to facilitate the successor’s formalities in another Member State, as it proves the successor’s legal capacity to claim their succession rights. It has full effect without requiring any procedure in the Member State where it is invoked, since it is drawn up on a predetermined, translated form.
Please note: it is valid for SIX MONTHS from the date of issue.