With the entry into force of Regulation (EU) No 650/2012, citizens of the European Union have obtained easier access to a procedure for the recognition of a European Certificate of Succession (ECS). This document is intended for use by heirs, legatees, executors of wills or administrators of the estate, and allows each of these persons to certify their legal status or to exercise their succession rights in an EU State other than their own.

One of the main advantages of the European Certificate of Succession is that it is valid in all EU States without the need for any additional certification, translation or legalisation. This distinguishes it from national certificates of succession, which have legal force only in the country in which they were issued. With the ECS, the heir's rights are protected equally in all EU Member States, with the exception of Ireland and Denmark, which do not apply the Regulation.

The ECS is not a mandatory document and does not replace the national certificate of heirs. When the certificate is used in another EU Member State, it produces legal effects under Article 69 of the Regulation, including in the State in which it was issued. The person named in the document as an heir, legatee or administrator of the estate is presumed to hold the powers set out in the certificate, without any restrictions other than those stated in the document itself.

The European Certificate of Succession allows the heir to be recognised and to exercise their succession rights in an EU State other than the State in which the deceased habitually resided. This certificate is most often used where the deceased died in a country other than their country of habitual residence, in order to establish and exercise the right of succession over property or bank accounts that they owned.

Who May Apply for the Issue of a European Certificate of Succession?

An application for the issue of an ECS may be submitted by:

  • heirs;
  • legatees having a direct right over the estate;
  • executors of wills or administrators of the estate.

The application must include the following information:

  • details of the deceased, such as name, Unified Civil Number (ЕГН), citizenship, date and place of birth, last address, death certificate and will (if any);
  • the applicant's personal details, as well as a document proving the family relationship with the deceased;
  • details of the deceased's spouse;
  • information about other heirs and affected persons;
  • additional information, for example a marriage contract (if applicable).
Which Authority Is Responsible for Issuing a European Certificate of Succession?

Ordinarily, the European Certificate of Succession is issued by judicial authorities in the Member State in which the deceased was habitually resident at the time of death and which have jurisdiction to rule on matters relating to the succession.

Important!

What is decisive is not the citizenship of the deceased, but their habitual residence. In Bulgaria, the competent authority is the district court for the deceased's last permanent address. If there is no such address, it is the court for their last address in the country. If there is no permanent address in the country, the application is submitted to the Sofia District Court.

The court assesses the documents submitted and, on the basis of their content, may grant or refuse the request for the issue of the certificate.

The issue of, or refusal to issue, an ECS may be appealed to the competent regional court within one month of service of the relevant act. If the court considers that the certificate issued is inaccurate or that the refusal to issue it is unfounded, it may set aside the act, in whole or in part, and remit the case to the court of first instance with instructions to rule anew. Acts on requests for corrections, amendments or withdrawal of an issued ECS may also be appealed within two weeks of service.

Period of Validity of the European Certificate of Succession

The issuing authority retains the original of the certificate and provides certified copies to the applicant and to persons who have demonstrated a legitimate interest. A list is also kept of the persons to whom certified copies of the certificate have been issued.

Certified copies of the ECS are valid for six months, and the period of validity is stated in the copy itself. In exceptional and duly justified cases, the issuing authority may set a longer period of validity.

After that period expires, any person holding a certified copy must submit an application to extend the validity of the certified copy or request a new certified copy from the authority that issued the certificate, in order to be able to use it for the purposes specified in Article 63 of the Regulation.

Should you require further information or assistance with the issue of a European Certificate of Succession, please contact us on telephone 0887550706 or by e-mail: [email protected]