European Succession Certificate (I)

Regulatory

It is regulated in article 67 of the Regulation (EU) n° 650/2012 of the European Parliament and of the Council, of July 4, 2012, regarding jurisdiction, applicable law, the recognition and enforcement of resolutions, the acceptance and enforcement of public documents in matters of mortis causa successions and the creation of a European certificate of succession. 

It is a document that serves as a European title to prove certain issues in a succession with cross-border elements. In Spain this certificate is issued by notaries.

General ideas

There are some ideas to keep in mind: 

1st. The original of the certificate remains in the possession of the notary. 

2nd. Notaries are competent to issue these certificates in Spain. Authentic copies of the certificate are only valid up to 6 months from the date indicated on the certificate itself.

3rd. THE application FORM consists of a main part and the following annexes (be careful not all of them have to be included)

4th. Annexes included in the application form for the inheritance certificate

Annexes:

They are: 

  • Annex I that contains the data related to the applicant or applicants (It should be noted that it is MANDATORY in the case of legal persons).
  • Annex II that contains the data related to the applicants' representative (It should be noted that it is MANDATORY if the applicants are represented. For example, in the case of a lawyer)
  • Annex III that contains information on the matrimonial property regime or equivalent patrimonial regime of the deceased (It is also MANDATORY if the deceased had such regime at the time of death) 
  • Annex IV that refers to the quality and rights of the heirs (It is MANDATORY if the purpose of the certificate is to accredit these elements). This is a regularly essential annex.
  • Annex V that refers to the quality and rights of the legatees with direct rights in the inheritance (MANDATORY if the purpose of the certificate is to prove these elements) This is a regularly essential annex.
  • Annex VI that refers to the powers to execute a will or administer the inheritance (MANDATORY if the purpose of the certificate is to accredit these elements)

Finally, annexes may not be attached.

The complete regulation of the forms can be found in Commission Implementing Regulation (EU) No. 1329/2014, of December 9, 2014, which establishes the forms mentioned in Regulation (EU) No. 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of resolutions , to the acceptance and execution of public documents regarding inheritance mortis causa and the creation of a European certificate of succession

You can on request about the European certificate of succession in our Notary of Barcelona.