The European Certificate of Succession

The European Certificate of Succession was created by the EU Succession Regulation. It is issued in one EU country for use in another. It can prove:

• that a person is an heir or legatee, and their share of the estate;
• that a specific asset belongs to a particular heir or legatee;
• the powers of an executor or estate administrator.

In the country where it is presented, the certificate is accepted without any special procedure. It is presumed to be accurate. A bank that pays money to the person named in it is protected, unless the bank knew or should have known that the contents were wrong. A buyer who acquires property from an heir named in it is protected in the same way.

It is also a valid document for registering inherited property in a land or property register in another EU country.

You need the European certificate when you have to prove your rights in another EU country. Typical situations:

• a Lithuanian estate includes a bank account in Germany or a holiday flat in Spain;
• you inherited from someone who lived in Lithuania, and you now need to close their account in France;
• an executor appointed under Lithuanian law has to sell an asset in Poland.

You do not need it in Lithuania itself. The Lithuanian certificate of inheritance remains the normal document there. The European certificate does not replace national documents and its use is optional.

Before applying, ask the bank or register in the other country what it needs. Then you know which assets and powers the certificate should cover, and how many copies to ask for.

In Lithuania, the certificate is issued by the notary at the place where the inheritance opened, normally the deceased’s last place of residence. The notary can issue it only if Lithuanian authorities have jurisdiction over the estate under the Regulation. That usually means the deceased had their habitual residence in Lithuania. See which country’s law applies to an inheritance.

The application can be made on the EU standard form. It includes details of:

• the deceased: name, date and place of birth, nationality, address at death, date and place of death;
• the applicant, and their representative if any;
• the spouse or partner and former spouses;
• other possible heirs and beneficiaries;
• the purpose of the certificate;
• any will, marriage contract or choice of law;
• the assets, where a specific asset is to be certified.

Attach the relevant documents in the original or as certified copies. Foreign documents need a Lithuanian translation; see documents from abroad. You can apply through a representative with a power of attorney.

The notary checks the information, may ask for further evidence, and informs the other beneficiaries. The original certificate stays with the notary. You receive certified copies.

The two documents do different jobs:

• The Lithuanian certificate of inheritance is a national document. It confirms that the heirs accepted and is used to register property and release money in Lithuania. It is valid without a time limit.
• The European certificate is designed for other EU countries. It describes the heirs, shares and powers in a standard EU format, which a bank or register elsewhere can read without knowing Lithuanian law. Certified copies expire after six months.

For an estate with assets only in Lithuania, the national certificate is enough. For an estate with assets in Lithuania and, say, Germany, a typical order is: accept the inheritance, obtain the Lithuanian certificate for the Lithuanian assets, and ask the same notary for a European certificate for the German ones. Applying for both together can save time.