European Certificate of Succession — when and how to obtain it (2026)

What is the European Certificate of Succession

The European Certificate of Succession (ECS) is a document created under Regulation (EU) 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The legal framework for the certificate is contained in Articles 62–73 of the Regulation.

The ECS is designed for use in cross-border succession within the European Union. It certifies one or more of the following:

• The status and/or rights of each heir or legatee mentioned in the certificate, and their respective shares of the estate
• The attribution of specific assets or specific rights from the estate to an heir or legatee
• The powers of the executor of the will or administrator of the estate

The Regulation has been in force since 17 August 2015 and applies in 25 EU Member States. Denmark and Ireland do not participate in Regulation 650/2012, which means the ECS has no effect in their territories.

It is important to emphasise that the ECS does not replace internal documents used for similar purposes in Member States. It constitutes an additional instrument that heirs may choose to use instead of national documents when exercising rights in another Member State.

When is the ECS needed

The ECS is intended exclusively for cross-border cases of succession. Typical situations where the certificate is essential include:

• Estate assets in multiple EU countries — the deceased owned real estate, bank accounts or investments in one or more Member States other than their state of habitual residence
• Proving heir status before foreign institutions — banks, land registries, tax authorities or notaries in another Member State require a document certifying succession rights
• Exercising powers as executor or administrator — a person entrusted with the execution of a will or the administration of the estate needs proof of their powers abroad
• Transfer of ownership — for registration of change of ownership in a land registry of another Member State

It should be emphasised that the ECS is not mandatory. Heirs may also choose other means of proving their rights abroad, for instance through national certificates with an apostille and a certified translation. However, the ECS offers a significant advantage — it is recognised in all participating Member States without any additional recognition procedure.

ECS vs. Bulgarian certificate of heirs

In Bulgarian practice, heirs traditionally obtain a certificate of heirs (udostoverenie za naslednitsi) from the municipality of the deceased’s last permanent address. Although both documents serve a similar function — certifying who the heirs are — there are fundamental differences between them:

In practice, for purely domestic succession (all assets are in Bulgaria), there is no need to request an ECS — the standard certificate of heirs from the municipality is sufficient. The ECS becomes an indispensable tool when the estate is located in several EU countries or when heirs need to prove their rights before foreign authorities and institutions.

Procedure in Bulgaria step by step

The issuance of the ECS in Bulgaria is governed by Articles 627a–627e of the Civil Procedure Code (CPC), which transpose the requirements of Regulation 650/2012. The procedure involves the following steps:

1. Filing an application — The application is filed using the standard form (Form V, pursuant to Implementing Regulation (EU) 1329/2014) with the district court at the deceased’s last permanent address in Bulgaria
2. Competent court where no address in Bulgaria exists — If the deceased did not have a permanent address in Bulgaria, the Sofia District Court has jurisdiction
3. Submission of documents — All relevant documents certifying the succession rights must be attached to the application (see the “Required documents” section below)
4. Examination by the court — The court examines the application under the rules for non-contentious proceedings (Part Six of the CPC). The court reviews the submitted evidence and may request additional information if necessary
5. Issuance of the certificate — If the application is granted, the court issues the ECS. The original remains with the court — the applicant receives certified copies that have a limited period of validity

The application may be filed personally by the heir, legatee, executor of the will or administrator of the estate. It may also be filed through an authorised lawyer holding a notarised power of attorney.

Required documents

To file an application for the issuance of an ECS, the following documents must be submitted:

• Death certificate or death record of the deceased
• Certificate of heirs from the municipality of the deceased’s last permanent address
• Will — if the deceased left a will, a certified copy must be submitted
• Evidence of assets in another EU Member State — bank statements, title deeds for immovable property, certificates for securities, etc.
• Marriage certificate — if relevant (e.g. for determining the matrimonial property regime)
• Identity document of the applicant
• Notarised power of attorney — if the application is filed through a lawyer
• Completed Form V — in the template from Implementing Regulation (EU) 1329/2014

The court may also request additional documents depending on the specific case — for example, a sworn statement from the applicant regarding the absence of other heirs, or documents certifying a renunciation of inheritance by one of the heirs.

Fees and timelines

The fees and timelines for obtaining an ECS in Bulgaria are as follows:

• Court fee: EUR 13 (BGN 25) — pursuant to the Tariff for court fees collected under the CPC
• Legal fees: separate from the court fee, if you engage a lawyer, a fee is payable as agreed between the client and the lawyer
• Processing time: the law does not prescribe a specific deadline. In practice, the procedure takes from several weeks to several months depending on the court’s workload and the complexity of the case

Validity of certified copies

Certified copies of the ECS have a limited validity period of 6 months from the date of issue (Article 70(3) of Regulation 650/2012). After this period expires, the interested party may request an extension or the issuance of a new certified copy.

The original ECS, held by the court, has no limitation on its validity. The limitation applies only to certified copies, as the legislator considered that succession relationships may change over time (for example, due to a subsequent renunciation of inheritance or a challenge to the will).

Appeal

The appeal procedure is governed by Article 627e(6) of the CPC and Article 72 of Regulation 650/2012. The available remedies include:

• Refusal to issue the ECS — if the court refuses to issue the certificate, the applicant may appeal the refusal before the regional court within a 1-month period from receipt of the notification of refusal
• Appeal against an issued ECS — any person with a legal interest may challenge the content of an already issued certificate before the regional court
• Rectification or modification — the applicant or another interested party may request rectification of a factual error or modification of the certificate within a 2-week period
• Cassation appeal — decisions of the regional court are subject to cassation appeal before the Supreme Court of Cassation where the grounds under Article 280 of the CPC are met

If the appeal is successful, the court may modify or revoke the ECS. All persons to whom certified copies have been issued are notified of the change.

Applicable law in cross-border succession

One of the most important questions in cross-border succession is determining the applicable law. Regulation 650/2012 introduces uniform rules for determining jurisdiction and applicable law in succession with an international element.

General rule (Article 21)

By default, the entire estate (including immovable property, regardless of the country in which it is situated) is governed by the law of the state in which the deceased had their habitual residence at the time of death. This means that if a Bulgarian citizen lives permanently in Germany and dies there, German law will apply to their succession, not Bulgarian law.

Choice of law — professio juris (Article 22)

The Regulation provides for the possibility of choosing the applicable law (the so-called professio juris). Any person may choose as the law governing their succession the law of the state whose nationality they hold at the time of making the choice or at the time of death.

The choice must be made expressly in a disposition of property upon death (for example, in a will) or must be evident from the terms of such a disposition.

This option is of particular importance for foreign nationals living in Bulgaria (expats), who may choose their national law instead of Bulgarian law. Conversely, Bulgarian citizens living abroad may choose Bulgarian succession law if they prefer its rules (for example, concerning the reserved portion).

Frequently asked questions