European Certificate of Succession: How It Can Help with an Inheritance in Spain

When an inheritance includes assets in several countries, the heirs may need to prove their rights before banks, notaries or foreign registries.

The European Certificate of Succession was created to make that proof easier within the States participating in the European Succession Regulation.

It can help to show who the heir is and what rights or powers that person has, but it does not automatically complete every step of the inheritance.

At MH Legal & Seguros we explain when it is worth considering and what to check in order to use it in Spain.

What the European Certificate of Succession is

The European Certificate of Succession, also known as the ECS, is a document issued by a competent authority to prove specific matters of an international succession.

It may be used to prove:

• The status and rights of the heirs.
• The inheritance shares.
• The allocation of specific assets.
• Specific powers of executors or administrators.

Its content depends on what has been proved and on the purpose for which it is requested. That is why, before presenting it, you must check what it actually covers.

When it may be useful in Spain

It is worth assessing its usefulness if the succession is being handled in another participating State and you need to prove rights over Spanish assets.

For example:

• There is a bank account in Spain.
• The inheritance includes a property in Spain.
• An administrator needs to prove his or her powers.
• An heir must demonstrate his or her share before a Spanish authority.

The certificate produces its effects in the participating States without the need for a special recognition procedure.

This does not mean that any certificate allows any transaction to be carried out. Its content must match the step it is intended for.

Who may request it

It may be requested by the heirs, by legatees with direct rights in the inheritance and by executors or administrators who need to prove their status or to exercise their rights or powers in another participating State.

Before starting the application, it is worth establishing:

• Who needs it.
• Before which institution or authority it will be used.
• Which right or power must be proved.
• Which documentation already exists.

This preparation makes it possible to direct the application towards a specific purpose.

Where it is requested and who issues it

It must be requested from the competent authority in accordance with the Regulation. You cannot freely choose any office merely because an asset is located in its territory.

The issuing authority may be a court or another authority empowered to deal with successions. In Spain, the legislation provides for its notarial issue by the notary who declares the succession or any of its elements, or by whoever lawfully replaces that notary or succeeds to the practice.

Before booking an appointment, confirm which authority corresponds to the file.

Application form and certificate: different documents

There is a Form IV that may be used to apply for the certificate. Its use is not mandatory and it helps to gather the necessary information.

The certificate issued by the authority uses Form V. Completing a form yourself is not the same as holding an issued certificate.

Which documentation it is worth preparing

The necessary documents will depend on the file and on what has to be proved.

As an initial preparation, gather:

• Identification of the applicant and of the deceased.
• Death certificate.
• Wills and other succession documents.
• Information on nationality and habitual residence.
• Relevant family and marital documents.
• Decisions or steps already taken.
• List of the assets and rights concerned.

Also provide the instructions of the Spanish institution that asks you to prove your rights. This makes it possible to check whether the certificate is the right tool and what information it must contain.

How long a copy may be used

The issuing authority keeps the original and delivers authenticated copies.

As a general rule, copies are valid for six months, and their expiry date must appear on them. In exceptional, duly justified cases, the authority may set a longer period.

Once that period has passed, an extension of validity or a new copy must be requested in order to continue using the certificate in accordance with the Regulation.

Do not confuse the expiry of a copy with the loss of the inheritance rights. What you must check is that the documentation proving them is current.

Is it mandatory to obtain one?

No. The use of the European Certificate of Succession is not mandatory and it does not replace the domestic documents used for similar purposes.

Before applying, compare its usefulness with the national documents available. The aim is to prepare a sufficient file, avoiding duplication that brings no practical advantage.

Does it apply in every European country?

The word «European» must not be confused with automatically applicable in any country in Europe.

Denmark and Ireland do not participate in the Regulation. Steps in countries that are not subject to it, such as Switzerland or the United Kingdom, must also be reviewed separately.

If there are assets in several countries, prepare a list of the places where the documentation is to be used before applying.

Translation and formalities: what to check

Before presenting a copy in Spain, confirm the language and the requirements of the specific step.

The Regulation provides for an exemption from legalisation for documents issued in a Member State within its framework. That exemption does not mean that any need for translation disappears.

Also check that the copy is current, complete and accompanied by the corresponding annexes.

What it does not resolve on its own

The certificate must not be treated as a step that finishes the whole inheritance.

In addition to proving rights, it may be necessary to organise:

• The documentation required by the bank.
• The adjudication steps that apply.
• The requirements for registering a property.
• The filing of taxes.
• The agreements and consents needed for a sale.

Inheritance taxation falls outside the scope of the European Regulation. Holding the certificate therefore does not remove the need to review Spanish tax obligations.

Frequently asked questions about the European Certificate of Succession

Is it the same as a will?

No. A will records the dispositions of the deceased. The certificate proves specific rights, status or powers within a succession.

Is it the same as a national certificate of heirs?

No. They are different documents, and their use must be assessed according to the file and the destination country.

Can I use a simple photocopy?

It should not be assumed that it will be sufficient. You must check which authenticated and current copy the intended step requires.

Can I sell a property directly with the certificate?

Its content, the rights over the property and the other requirements of the sale must be reviewed. It should not be taken for granted that it is sufficient on its own.

If the copy has expired, do I have to repeat the whole inheritance?

Not necessarily. An extension or a new copy must be requested from the issuing authority.

Prepare the right document for your international inheritance

The European Certificate of Succession can make steps easier when its content matches what you need to prove. Reviewing its usefulness before applying allows the documentation to be better coordinated between countries.

At MH Legal & Seguros we advise international clients with inheritances and assets in Spain. We review the existing documents and coordinate the steps with the authorities and professionals who need to be involved.

Contact our team to assess the use of the European Certificate of Succession in your inheritance.