European certificate of succession

AuthorMihaela Patraus
PositionAssociate professor, PhD.,University of Oradea Faculty of Law, Department of Public Law, Romania
AGORA International Journal of Juridical Sciences,
ISSN 1843-570X, E-ISSN 2067-7677
No. 2 (2019), pp. 78 - 88
associate professor, PhD.,University of Oradea
Faculty of Law, Department of Public Law, Romania
Ionița Maria OFRIM Judge
The newly created European Certificate of Succession is applicable in almost the
entire EU. It is primarily used to verify an heir’s status and is designed to serve alongside the
existing national inheritance certificates (such as the German Erbschein), making it easier for
heirs to settle inheritance matters abroad. This EU Succession Regulation does not, however,
affect the provisions of individual Member States in the areas of substantive inheritance law
(e. g. the question of who is a legal heir) and inheritance tax law.
This paper aims to analyze how the regulation of the European inheritance certificate
interacts with the regulation of the national inheritance certificate. Thus it does not replace
documents such as the Romanian inheritance certificate but is rather a supplementary
inheritance document.
KEYWORDS: European Certificate of Succession, succession case, heir,
transnational succession cases, habitual residence, disposition of property upon death.
Regulation (EU) 650/2012 introduced new rules of jurisdiction in matters of
succession, applicable in all Member States. However, these rules apply only to the courts and
other authorities and legal professionals with jurisdiction over inheritance matters, who
exercise judicial powers or act on the basis of the delegation of powers by a judicial authority
or act under the control of a judicial authority.
The diversity of the judicial organization between the states of the European Union is
known and clearly observed with respect to the competent authorities in the different Member
States. This legal variety of the competent authorities in the field of inheritance and the fact
that they have different sovereign powers impede the universal effect of the court decisions in
this matter or of the authentic acts and of the certificates issued. Their cross-border effects
depend on the procedures for recognition, exequatur, and over-legalization, procedures that
can be initiated and made often difficult either by bullshit or exaggerated nationalism.
The advent of the European Certificate of Succession (“ECS”) has also proven to be
an extremely important component of the European inheritance law system. The new solution

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