Imagine this increasingly frequent situation: A German citizen residing in Munich dies.
He is leaving his main assets there, but also an apartment in Mallorca, where he has spent the winter for years.
The inheritance process takes place in Germany; German law determines who inherits and in what proportion. When the children go to the Property Registry in Spain, they encounter the classic dilemma:
Is it necessary to process everything in Spain from the beginning, or is there some instrument that allows the German succession to be transferred to our system without duplicating everything?
That instrument exists, and it is the European Certificate of Succession (ECS).
It is created by Regulation (EU) No 650/2012 and developed by Implementing Regulation (EU) No 1329/2014, which establishes the forms mentioned above.
Since then, and thanks to the interpretative work of the former DGRN and the current DGSJFP, the CSE has become a very useful instrument for the processing of intra-community inheritances.
What is the CSE?
The CSE is not a foreign document that must be submitted to exequatur or a recognition procedure.
It is an internal European document issued by the authority that knows about the succession and that allows heirs, legatees, executors or administrators to prove their rights in other Member States (all except Denmark and Ireland, which do not participate in the Regulation).
However, the CSE does not create inheritance rights, but merely reflects rights that already exist under the law applicable to the succession.
This certificate enjoys a presumption of truthfulness regarding the points it certifies.
Its place within Spanish law: Mortgage Law and notary services
In the Spanish legal system, the key element is Article 14 of the Mortgage Law, reformed in 2015 , which includes, along with the will, the succession contract and the declaration of heirs, the European Certificate of Succession as one of the succession titles suitable for causing the registration of real estate in favor of the successors.
This has a very practical consequence: the CSE is not only useful "for external use".
It can also be an internal succession title, recognized by art. 14 LH itself, provided that its content is sufficient to satisfy the determination requirements imposed by our registration system.
The DGRN's perspective: the CSE as a succession title in the strong sense
In Spain, the former Directorate General of Registries and Notaries was the first to face the question: can a CSE, issued in another Member State, operate as a sufficient succession title to register in the Property Registry, or is it only a complement?
In the Resolution of January 4, 2019, the DGRN recognizes that, given the tenor of Regulation 650/2012 and the express incorporation of the CSE in art. 14 LH, the certificate is a true succession title for registration purposes, provided that the CSE itself clearly shows who the heirs or legatees are and what rights correspond to them, it is not essential to accompany a will, court order or declaration of additional heirs.
The European document is sufficient, without prejudice to the fact that the notary who uses it or the registrar who qualifies it may require proof of the applicable law if there are technical doubts.
Regarding translation, the DGRN accepts that the Registry requires translation into Spanish, but insists that it should be limited to what is truly necessary.
It makes no sense to impose literal translations of entire blocks of forms whose content is standard if what is truly decisive —identities, quotas, description of rights— is translated and understandable.
When does it make sense to ask for it… and when doesn't it?
Notarial and registry practice, guided by the doctrine of the DGRN (now DGSJFP), highlights the importance of the CSE as a very useful instrument in the processing of cross-border inheritances, greatly streamlining inheritance procedures involving several States of the European Union.
In general, the succession will be processed in the State of residence of the deceased and the CSE allows that succession to be projected towards the rest of the Member States where there are assets of the deceased without having to "reopen" the succession file in each jurisdiction.
It is also very effective when the heirs are scattered throughout the European Union.
Instead of forcing each of them to process complex succession files in their country of residence based on wills, court orders and local deeds, the CSE offers a standardized document throughout the European Union, valid in almost all of its territory.
In contrast to the above scenarios, in a purely internal succession (deceased resident in Spain, assets in Spain, heirs in Spain), the certificate is usually superfluous.
The Spanish system itself works relatively smoothly with wills, declarations of heirs and partition deeds, without needing to activate the European mechanism.
Similarly, if the goods are in a third State not a Member of the European Union, Regulation 650/2012 will not apply therein and therefore the EEC will not produce the effects described above.
Warnings about what the CSE is not
In closing, there are some ideas that should be clearly conveyed regarding the CSE:
- It does not replace partitioning when partitioning is necessaryIn our system, the Land Registry needs to see the specific real right to be registered. If the certificate only lists abstract shares, it will generally need to be supplemented with a partition or adjudication document that translates those shares into concrete ownership rights over specific properties.
- It has a practical expiration dateEach circulating copy is only valid for six months. It's easy to overlook this detail and receive a negative rating for submitting an expired copy. Best practice advises carefully coordinating the issue date with the filing date with registries and third parties.
When properly understood and used, the European Certificate of Succession is not a Community whim, but a very useful tool.
It allows you to avoid duplication, reduces friction and costs, and speeds up the processing of an international succession.
