The European Certificate of Succession

What Is the European Certificate of Succession?

The European Certificate of Succession is an official document designed to prove, throughout the participating Member States of the European Union, the legal status of:

• heirs;
• legatees having direct rights in the estate;
• executors of the will;
• administrators of the estate.

Its purpose is not to decide who inherits.

Instead, it enables those whose rights have already been established under the applicable succession law to demonstrate those rights more easily when dealing with authorities and institutions in another participating Member State.

Why Was It Introduced?

Before the Regulation came into force, international heirs often had to produce different documents in every country where assets were situated.

This could involve:

• separate judicial proceedings;
• multiple notarised certificates;
• translations;
• legalisations or apostilles;
• repeated examinations of the same succession.

The European Certificate of Succession was created to reduce these practical difficulties by providing a document capable of circulating throughout the participating Member States without the need for further recognition procedures.

Although each succession remains governed by the applicable law determined under Regulation (EU) No. 650/2012, the Certificate allows that legal position to be demonstrated in a more efficient and uniform manner.

Is the Certificate Mandatory?

No.

The European Certificate of Succession is entirely optional.

Many domestic successions are completed without ever requiring one.

Its importance arises primarily where the estate has an international dimension and assets, heirs or legal procedures involve more than one participating European country.

Where all the relevant assets are located in a single State and no cross-border issues arise, the Certificate may offer little practical advantage.

What Can the Certificate Be Used For?

Depending on the circumstances, the Certificate may be presented to:

• land registries;
• public authorities;
• banks;
• financial institutions;
• other persons or organisations that need formal proof of succession rights.

It enables heirs and other entitled persons to demonstrate their legal status without having to obtain separate judicial recognition in every participating Member State.

This can significantly simplify the administration of international estates.

Does the Certificate Replace a Will?

No.

The Certificate is not a testamentary document.

It does not replace a will, nor does it determine which law governs the succession.

The applicable law continues to be identified under Regulation (EU) No. 650/2012, taking into account factors such as the deceased's habitual residence or any valid professio iuris.

The Certificate simply records the legal consequences that already arise under the applicable law.

Does It Replace the Italian Declaration of Succession?

No.

This distinction is particularly important.

The European Certificate of Succession and the Italian Declaration of Succession serve completely different purposes.

The European Certificate is primarily a civil law instrument intended to prove succession rights across national borders.

The Italian Declaration of Succession is principally a fiscal document required by Italian tax legislation in the cases provided by law.

Obtaining a European Certificate does not automatically remove the obligation to submit an Italian Declaration of Succession where Italian tax law requires one.

Likewise, filing the Italian Declaration of Succession does not replace the European Certificate where proof of succession rights is needed in another participating Member State.

Who Issues the Certificate in Italy?

Where Italy has jurisdiction under Regulation (EU) No. 650/2012 and the legal requirements are satisfied, the European Certificate of Succession may be issued by an Italian notary.

The notary examines:

• the applicable succession law;
• the identity of the heirs or other entitled persons;
• the documents establishing the succession;
• the extent of the rights to be certified.

Only after verifying these elements can the Certificate be issued.

How Long Is the Certificate Valid?

The original Certificate remains part of the official records.

The persons entitled to use it receive certified copies rather than the original document.

Under Regulation (EU) No. 650/2012, each certified copy is normally valid for six months from the date of issue. In exceptional and duly justified cases, the issuing authority may specify a longer period of validity.

After expiry, the holder must request an extension of the validity of the certified copy or obtain a new certified copy before using the Certificate again for the purposes provided by the Regulation.

This system helps ensure that the document accurately reflects the current legal position and reduces the risk of outdated copies continuing to circulate.

Is the Certificate Valid Everywhere?

No.

The Certificate operates exclusively within the framework established by Regulation (EU) No. 650/2012 and therefore produces its effects only in the participating Member States of the European Union.

Not every Member State participates in the Regulation, and the Certificate does not automatically produce legal effects outside that framework.

Where assets are located in non-participating States or outside the European Union, additional procedures may still be necessary under the domestic law of those jurisdictions.

For international families with worldwide assets, the European Certificate often represents an important part of the overall succession process, but it is not always the only document required.

Why Early Planning Makes a Difference

Many international families become aware of the European Certificate of Succession only after a relative has died.

In reality, understanding how the Certificate operates before any succession occurs may influence broader estate planning decisions.

Questions concerning habitual residence, the choice of applicable law (professio iuris), the preparation of wills and the organisation of international assets may all affect how easily the Certificate can later be obtained and used.

Good estate planning therefore simplifies not only the succession itself but also the documentary procedures that follow.

The Role of the Italian Notary

The Italian notary plays a central role in the issue and use of the European Certificate of Succession.

Where the applicable legal requirements are satisfied, the notary verifies the succession, determines the applicable law, examines the supporting documentation and prepares the Certificate in accordance with Regulation (EU) No. 650/2012.

Where the estate includes assets located in several countries, the notary may also coordinate the Italian succession procedure with foreign professionals, helping ensure that the European Certificate forms part of a coherent international strategy for administering the estate.

For international families, the Certificate is much more than an administrative document. It is one of the principal legal instruments created by European law to simplify cross-border successions and to facilitate the recognition of succession rights throughout the participating Member States.

Whether the Certificate is appropriate in a particular case depends on the countries involved, the applicable succession law, the nature and location of the assets and the practical objectives of the heirs. Assessing these factors before beginning the succession procedure allows the Italian notary to determine whether the European Certificate of Succession represents the most effective instrument for administering an international estate.