European Certificate of Succession: Simplifying inheritance law in the European Union

As of 19 August 2024, obtaining the European Certificate of Succession (CSE) has become easier and faster in Portugal. This measure, regulated by Regulation (EU) No. 650/2012 of 4 July 2012, was created to simplify succession processes involving several European Union (EU) countries. Thanks to a protocol between the Ministry of Justice and the Order of Notaries, the CSE can now be requested at any Notary's Office in Portugal and, as of September, it will also be possible to request it online.

What is the European Certificate of Succession?

The CSE is a document that makes it easier to prove the rights of heirs, legatees, executors or administrators of inheritances in successions involving assets or heirs in different EU Member States. This certificate allows these people to exercise their rights more simply and effectively in any EU country, making transnational inheritance processes more expedient.

Who can apply for the ESC?

The European Certificate of Succession can be requested by:

• Heirs;
• Legatees with rights of succession;
• Executors of wills;
• Administrators of the estate.

These individuals can use the CSE to enforce their rights in any EU Member State except Denmark and Ireland, which have opted out of the regulation.

Impact on the division of immovable property

Obtaining the CSE can significantly impact the sharing of immovable property, mainly when it is located in different EU countries, making transnational inheritance processes more expedient.

With the CSE, the process is streamlined:

Uniform recognition: The certificate is recognised in all EU Member States, allowing inheritance rights over real estate to be recognised and validated automatically and uniformly.

Easy transfer of ownership: The CSE facilitates the transfer of ownership of inherited real estate, simplifying the execution of procedures and avoiding possible disputes between heirs.

Simplification of processes: Heirs who need to claim the inheritance of real estate located in another EU country can do so with less bureaucracy, using the CSE to prove their rights without the need to carry out additional processes in different jurisdictions.

Advantages of applying for the European Certificate of Succession

Simplification of succession processes: The CSE simplifies complex processes by allowing heirs or administrators of the estate to use a single document valid in several countries.

Speeding up the succession process: The time taken to process an inheritance, especially for assets outside Portugal, is reduced.

Easy access to the CSE: The fact that the CSE can be requested at any notary's office and, as of September, online guarantees greater convenience for heirs and other beneficiaries.

How do I apply for the CSE?

As of August 2024, the CSE can be applied for in person at any notary's office in Portugal, and starting in September, it will be possible to do so online. This new process is more accessible and less time-consuming, allowing interested parties to speed up obtaining the certificate.

The European Certificate of Succession represents a significant step forward in simplifying the succession processes involving several European Union countries. By reducing bureaucracy and facilitating the sharing of assets and genuine estate, this certificate makes the process more agile and efficient for heirs and administrators.