European Certificate of Inheritance: what is it and how do I get it?
The European Succession Certificate, better known as the European Succession Certificate (ESC) or CSE, was established by EU Regulation No. 650 of 2012 and implemented in Italy by Law No. 161 of 2014 "Establishing the European Succession Certificate". The certificate has become necessary to address the overlapping bureaucracy of all states involved in cross-border inheritance.
What is the European Certificate of Succession?
The European Certificate of Succession is a document that confirms the status of an heir, legatee, executor or administrator of an inheritance located in a European country other than his or her own. It is recognized in all countries of the European Union and replaces a number of''different procedures in each of the affected countries. Some non-European countries may accept it on a voluntary basis or on the basis of international treaties. The certificate has unlimited validity unless revoked or suspended by the competent authorities.
How to obtain a European Succession Certificate?
26 October
To obtain a European Certificate of Succession, an application must be made to the competent authority of the country where the deceased resided or where the main inherited asset is located. Specifically, the certificate can be requested from the court of the relevant EU country in relation to the inheritance or can be applied for from another authority, usually a notary. In Italy, the European Certificate of Inheritance is issued by notaries.''The documentation required to apply for an ESC can vary from country to country, but usually includes: a death certificate, the heir's birth certificate, a copy of the will (if any), a list of assets in the estate.
The European Certificate of Succession can also be requested during the testator's lifetime if they wish to appoint an executor of a will or administrator of an inheritance.
The benefits of the European Certificate of Succession
The European Certificate of Succession offers many advantages in the context of cross-border inheritances. Here are just a few of them:
- Simplifies the inheritance process: a single certificate recognized in all EU countries simplifies all other procedures and''reduces processing time.
- Savings: by avoiding legal expenses in multiple jurisdictions, costs are limited to only those necessary.
- Legal certainty: the certificate provides legal confirmation of the status of the heir (or other role related to the inheritance), reducing the likelihood of disputes and litigation.
- Automatic recognition: the certificate is recognized in all EU countries, avoiding further legal procedures.
- Faster transfers: the certificate facilitates and speeds up requests to access bank accounts or to collect funds intended for the deceased. It simplifies the management of assets, the payment of legacies and the initiation of actions to protect the inheritance.
Situations where it is necessary''European Certificate of Succession
The European Certificate of Succession is required in a variety of situations, including:
- When heirs need to prove their status in a country other than their place of residence or place of death;
- when it is necessary to manage, dispose of or divide heritage assets in different EU countries;
- when appointing a cross-border executor of a will or administrator of a legacy.
Procedure for the use of the European Certificate of Succession
After obtaining the European Certificate of Succession, it can be used to prove your status as heir/legate/executor. The certificate must be presented to the competent authorities and financial''institutions in the countries concerned.
In conclusion, the European Succession Certificate is not mandatory, but proves useful for simplifying procedures related to cross-border inheritances within the European Union. The content of this article is intended as a general guide on this topic. It is recommended to consult a specialist regarding your specific situation.
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