European Certificate of Succession; application

The probate court issues a European Certificate of Succession upon request.

In Germany, the right of inheritance is usually evidenced by a so-called certificate of inheritance. If proof of inheritance is also to be provided in another European Union country (with the exception of Ireland and Denmark), it may be advisable to apply for a European Certificate of Succession instead or in parallel. This applies, for example, in cases where part of the estate is located abroad.

The ENZ is recognized by all EU member states (with the exception of Ireland and Denmark) without any special procedures being required. Once issued for use in another Member State, the ENZ can also be used in Germany. Anyone identified as an heir in the ENZ and designated as authorized to dispose of estate assets can dispose of the estate. His or her business partners are protected even if the ENZ later proves to be incorrect. This only does not apply if they knew that the content of the certificate was incorrect or were unaware of this due to gross negligence.

The ENZ is issued by the probate court at the heir's request. The probate court in whose district the deceased had their habitual residence at the time of the inheritance generally has local jurisdiction. The probate court must check the information on which the applicant bases his right to inheritance ex officio, as an ENZ may only be issued if the applicant's right to inheritance is deemed to have been established. The probate court can carry out informal investigations or conduct a formal taking of evidence for this purpose.

The ENZ is issued using a form. The original of the ENZ remains in the probate court's files. The applicant receives one or more certified copies, which are generally only valid for six months from the date of issue. Once this period has expired, the certified copies lose their legitimizing effect.

• The following documents are required:
  • Application for the issue of an ENZ. Form IV in accordance with EU Implementing Regulation No. 1329/2014 can be used (see under "Forms").
  • The accuracy of the information must be proven by documents.
  • In addition, the accuracy of the information must be confirmed on oath in court or before a notary, unless the probate court waives this requirement.

Every heir is entitled to apply.

Legatees with direct entitlement to the estate, executors of wills and administrators of estates who invoke their legal status in another Member State or who need to exercise their rights as legatees or their powers as executors of wills or administrators of estates may also apply for an ENZ showing their legal status.

Appeal

Appeals against decisions in proceedings concerning the issue, correction, amendment or revocation of a European Certificate of Succession may be lodged with the Higher Regional Court. The appeal must be lodged with the court whose decision is being contested. The appeal must be lodged

- within one month if the appellant has his habitual residence in Germany;

- within two months if the appellant has his or her habitual residence abroad.

The time limit begins on the day the decision is announced.

The application for an ENZ can be made in writing or on the record of the probate court. It is also possible to submit an application as an electronic document using a qualified electronic signature or a simple signature and using a secure transmission channel in accordance with Section 14 (2) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG) in conjunction with Section 130a (4) of the Code of Civil Procedure (e.g. via the court's website using BayernID). However, the applicant must state their details on oath in the application, unless the probate court refrains from doing so. Due to the formal requirements of the affidavit, the application is usually made in a notarial deed or on the record of the probate court.

You can submit a request to the probate court for an appointment to apply for an ENZ using the online procedure offered.

The application must contain certain information listed in Art. 65 para. 3 of Regulation (EU) No. 650/2012, insofar as it is known to the applicant and is required by the probate court. This applies in particular to the intended purpose of the certificate and the facts on which the entitlement to the estate or the right to execute the will or administer the estate is based. It must also be stated whether the testator had made a disposition of property upon death. If neither the original nor a copy of the disposition of property upon death is attached to the application, the location of the original must be indicated.

A fee is charged for the issue of the European Certificate of Succession in accordance with the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (GNotKG). The amount of the fee is generally based on the value of the estate at the time of the inheritance. Liabilities incurred by the testator are generally deducted when determining the value.