Cross-border inheritance: applicable law and the European Certificate of Succession

What makes an inheritance cross-border?

A home in Heraklion, a bank account in another country or the deceased's residence abroad can create a cross-border case. Regulation 650/2012 applies to deaths on or after 17 August 2015 in participating Member States. Denmark and Ireland do not participate. Cases involving the United Kingdom or other third countries require specific assessment.

Identify every country involved, not just the one containing the most valuable property: where the deceased lived, where assets and debts are located, where a will was made and whether proceedings have begun. This helps avoid inconsistent, fragmentary instructions to professionals in different countries. Ask for a coordinated list of documents and steps at the outset.

Habitual residence and choice of law, not nationality alone

The general rule connects succession law to the deceased's last habitual residence, subject to the Regulation's exceptions. Article 22 also allows a choice of the law of nationality under its conditions. This does not let any interested heir choose whichever law seems favourable after the death. Owning Greek property alone is insufficient to reach a reliable conclusion.

Provide the entire will rather than an extract or informal summary. Record previous moves and the deceased's actual living arrangements. If a foreign authority has issued a decision or certificate, do not disregard it because it is not Greek. The authority's jurisdiction and the law governing succession should be examined before starting additional applications or ordering a new set of documents.

What does the European Certificate of Succession establish?

Within the Regulation's scope, the European Certificate of Succession can establish an heir's, legatee's, executor's or administrator's status and rights in another participating Member State. It is optional and does not replace equivalent national documents. A competent authority issues it: completing an online form is not the same as obtaining a certificate.

Before requesting it, explain where and for what step it will be used, such as a bank, a notarial transaction or property registration. Confirm the receiving body's copy and translation requirements. Arrange separate checks of tax obligations and registration. Do not assume that possession of a certificate completes the entire estate file or resolves every issue concerning the deceased's debts.

Preparing a file for property in Crete while living abroad

Gather existing documents before arranging numerous certifications or travelling. Different authorities may need different documents and forms of copy. Record the death date, when you learned of the inheritance and all correspondence received. Disclose known debts promptly and do not base a decision to accept or disclaim solely on the estimated property value.

For coordination from Heraklion, keep one organised file and clear communication with professionals in the relevant countries. Where representation is required, have the scope and form of a power of attorney checked before signing it. The following categories are indicative, not a universal checklist. Sources were checked on 21 October 2026; the countries, dates and existing documents determine the appropriate steps.

• Death certificate, family records and nationality details
• Wills, decisions and certificates already issued
• Evidence of last residence and any proceedings abroad
• Property deeds and cadastral records, bank information and known debts