The succession certificate is a document issued in Spain by a notary or by a Judge where certain relevant points of the succession are accredited (Article 63 of EU Regulation 650/2012). This certificate in Spain is issued by notaries as long as it is the competent authority.

  • The International Cooperation Law in civil and commercial matters modified the final provision twenty-sixth of the LEC for the purpose -among others- of indicating which authority is the one that can issue the succession certificates. According to numbers 11 and 14 of the 26th DF, the competent ones are the judges and notaries. Consequently, notaries are competent to issue the certificate of succession in the terms of Regulation 650/2012.
  • The competence for the issuance of the certificate must have support in addition to the cited Spanish legislation (LEC, DF 26th. 14) in Regulation 650/2012. Specifically the Article 64 of the Regulation. According to this precept, competence in Europe is held by the courts and certain authorities in matters of succession such as notaries.
  • Who should issue the certificate in a succession where a cross-border element is involved? I put an example. Spanish person, has been a resident in France for many years. He died in France. The will is granted 10 years before death in Spain (in Galicia). The law applicable to the succession is French law. The title of the succession is the Spanish will. In this case, the authority to issue the certificate of succession is a French judge or a French notary (article 63 in relation to article 4 of Regulation 650/2012 EU). Therefore, a Spanish notary cannot authorize the certificate of succession in this case.

Consultation with Bosch-Bages, you Notary in Barcelona to request this service.