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It is increasingly common for individuals to live, work, or invest outside their country of origin. This has multiple legal implications, one of the most significant of which arises at the time of death.

What happens when someone dies in a European Union country and leaves assets or heirs located in other Member States? This is precisely the context in which the “Certificado Sucesorio Europeo” (European Certificate of Succession, or “CSE”) comes into play — a document that greatly facilitates and speeds up the management of international successions within the EU.

This article clearly explains what the CSE is, what it is for, how to apply for it, what legal effects it has, and why it can be a very useful tool for those facing a cross-border succession.

International successions. How to identify them.

 The CSE is applicable when a succession has cross-border elements. Therefore, the first step is to identify whether we are dealing with this kind of situation.

A succession is considered international when the deceased resided in a different country than their heirs, owned assets in various countries, or if the will was executed in a country other than the one in which death occurred.

These scenarios are becoming increasingly common and often require dealings with different authorities, which can lead to confusion, delays, and even conflicts between different legal systems.

Spain, as a Member State of the European Union, is part of a common legal framework designed precisely to simplify the handling of such successions. To this end, Regulation (EU) No. 650/2012, in force since 2015, introduced the CSE as an effective tool to officially prove, throughout the EU (except Denmark and Ireland), who the heirs are and what rights they hold.

Definition and purpose of the CSE.

 The “Certificado Sucesorio Europeo” is a notarial document that officially identifies the heirs, legatees, or persons responsible for administering a succession, in accordance with the wishes of the deceased as expressed in their will, or alternatively, based on the applicable succession law. Its main purpose is to ensure that this identification is legally valid and recognized in other EU countries where the deceased may have held assets or interests.

This certificate does not replace national documents traditionally used in matters of inheritance — such as the escritura de aceptación de herencia in Spain — but it enables automatic recognition in other EU countries. Therefore, it is especially useful when the deceased had property abroad or when any of the heirs reside outside the country where the inheritance is being processed.

Application process and validity of the CSE.

The application for the issuance of the CSE can only be submitted by individuals with a legitimate interest in the succession, such as heirs, legatees, executors of the will, or estate administrators.

The application must be submitted to the competent notary or authority in succession matters in the Member State where the inheritance is being handled. In Spain, this is typically the same notary who formalizes the succession — that is, the one who authorizes the escritura de aceptación de herencia or any related document.

The applicant must prove their identity and their relationship to the deceased, and submit documentation justifying their right to the inheritance. The notary may also request any additional information necessary to verify the facts.

Once all documentation has been reviewed and the requirements are met, the notary will issue the certificate as a notarial act, file the original in their records, and provide an authentic copy to the applicant.

This copy is valid for a period of six months but may be renewed at any time.

Content and legal effects of the CSE.

 The CSE includes comprehensive information, such as the identification details of the deceased and the beneficiaries, the legal relationship between them, the law applicable to the succession, any testamentary dispositions, and — where applicable — the matrimonial property regime that may influence the distribution of the estate.

The main advantage of the “Certificado Sucesorio Europeo” lies in its direct legal effect and evidentiary value, allowing it to take effect in any EU country without the need for additional formalities. In other words, any authority or institution — such as a land registry office, bank, or public administration — must accept the certificate as valid proof of the inheritance rights stated within.

This greatly simplifies procedures, shortens timelines, and avoids unnecessary duplication of documents.

One important aspect is that, given its EU-wide nature, the certificate does not require legalization or an apostille, further enhancing its practical speed and effectiveness.

However, the CSE may need to be accompanied by a certified translation if it is to be presented before an authority that does not understand the language in which it is drafted. Therefore, it is advisable to anticipate this need and request a sworn translation into the official language of the country where the certificate will be used, to avoid delays or issues with recognition.

In short, while obtaining the “Certificado Sucesorio Europeo” is not mandatory, it can be a decisive tool in streamlining and facilitating the processing of an international succession. Using it correctly can mean the difference between a quick and orderly procedure or a lengthy, costly process full of administrative obstacles.

If you have questions about how this instrument works or need legal guidance for handling a cross-border inheritance, our team will be pleased to assist and support you throughout the process.

This article is for informational purposes only and does not constitute legal advice. For more information: info@gimenez-salinas.es.

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