How does succession work in Europe?

The new European regulation substantially simplifies succession procedures in EU countries. One of the most important changes is that the entire succession of an estate is now dealt with only once in one Member State and under one law. This State is generally in the State of which the testator was a habitual resident at the time of death. The inheritance proceedings are conducted under the laws of that State. The criteria for inheritance is therefore the habitual residence of the testator, which is the place where the testator actually lived at the time of death, and considered as home. Thus, the habitual residence of the testator may not be the same as their State of permanent residence. The term permanent residence is more frequently used in the Czech Republic, and it is simply the place where the person is registered for communication with authorities, courts, etc.

The European regulation simplifies not only the stage of hearing the succession proceedings, but also its subsequent execution by means of the so-called European Certificate of Succession. The purpose of this certificate is to prove who are the legal heir(s) and their rights. According to the Regulation, this certificate is recognized in all Member States without the need for special procedures, or other formalities that were previously necessary. Thus, one Member State will now adjudicate on the succession of an estate, and issue a single European Certificate of Succession. The certificate then empowers the legal heir(s) to enforce their rights in another Member State, for ex. for recording a change of ownership in the Land Register.

Although the above procedure seems simple at first glance, there are some pitfalls in practice that need to be taken into account. Especially in cases where the minimal procedural requirements of states such as Sweden come up against the excessive procedural requirements and bureaucracy such as in the Czech Republic. However, these problems can be avoided if the procedure is chosen correctly. Team from Holubová law firm will be delighted to help you with this issue.