Managing a cross-border inheritance is what we are talking about in this article.
If a member of your family or someone close to you dies and you are an heir, you can usually settle their inheritance (also known as succession in legal terminology) by:
- The courts of the EU member state in which the deceased last resided
- Notaries from any member state of the European Union.
- Unless the deceased chose law so that the direction of their country of nationality would apply to their managing a cross-border inheritance, the official dealing with the inheriwoulde would generally involve the national law of the EU country where the deceased last lived.
Managing a cross-border inheritance
If you require a court to handle and also Manage a cross-border inheritance dispute, you will typically have to go to the courts of the EU country where the deceased last resided.
However, if the deceased opted to have their Managing a cross-border inheritance governed by the law of their nationality, and that nationality is that of an EU country, you and the other heirs or parties also involved can agree to take the matter to the courts that EU country.
This choice of the court must be agreed upon by all parties involved.
Accepting or declining to accept or waive an inheritance or succession – in Managing a cross-border inheritance
Managing a cross-border inheritance law in your country may allow you to declare whether you accept or reject a row before a judge.
According to EU laws, you can make such a declaration in front of a court in the EU country where you live, even if the court dealing with the inheritance is in another EU country.
The European Succession Certificate
If you are an heir, you may need to show that you are entitled to ownership of the deceased’s assets in another EU country to an authority or a bank.
To exercise their rights in another EU country, the executor of the will and the estate administrator may need to verify their status.
A national certificate proving your status as an heir, executor of the will, or administrator of the estate can be obtained from the authority of the EU country handling Managing a cross-border inheritance or succession.
Alternatively, you can request a European Certificate of Succession from that body.
The benefit of a European Certificate of Succession is that it has the same impact throughout the EU, regardless of where it is issued.
On the other hand, a national document will have varied effects depending on which EU country it is published in; this may cause a delay in your rights being recognized by another EU member.
Furthermore, the European Certificate of Succession is recognized in other EU nations without any additional paperwork.
A European Certificate of Succession can be obtained from a court in an EU country with the ability to rule on Managing a cross-border inheritance or from another authorized authority in the same region, such as a notary.
You have the right to appeal a denial to provide a European Certificate of Origin.
A rejection to provide a European Certificate of Succession can be appealed.
The authority that issues the European Certificate of Succession keeps the original and issues certified copies to the heir.
Executor of the will, or also administrator of the estate, which are valid for six months and can be extended.
The European Certificate of Succession
About Managing a cross-border inheritance: If the European Certificate of Succession is inaccurate, the issuing government can change or remove it.
If you are denied a European Certificate of Succession, you have the right to appeal.
The authority that issues the European Certificate of Succession keeps the original and issues certified copies to the heir, executor of the will, or administrator of the estate, which are valid for six months and can be extended.
If the European Certificate of Succession is inaccurate, the issuing government may change or remove it.
In general, upon the justified request of the beneficiary of a deceased individual’s estate, the competent authorities issue a European Certificate of Succession to prove the beneficiary’s legal status and enable the beneficiary to exercise their rights and fulfill their obligations.
The European Certificate of Succession can be used to prove one or more of the following things:
the status and rights of each heir or legatee named in the European Certificate of Succession, as applicable, and their respective parts of the estate;
the transfer of a specific item or assets from the estate to the heirs or, as the case may be, the legatees named in the European Certificate of Succession
The fundamental advantage of the European Certificate of Succession is that it has the same legal force throughout the European Union’s territory.
And it must be accepted by every Member State – with a few exceptions. However, depending on the practice of the Member State in which it was issued, a national document has a varied legal effect, which may delay recognition of the heirs’ rights in another Member State.
When a deceased person’s estate is spread throughout the several Member States, the European Certificate of Succession is highly recommended because only one probate procedure is required.
The European Certificate of Succession is issued in Hungary by a notary public under the provisions of the Hungarian Probate Act.
Every Member State will recognize the European Certificate of Succession without any special or additional procedure.
It’s also worth mentioning that Hungarian legislation complies entirely with the EU Succession Regulation.
The European Certificate of Succession is a helpful instrument, although certain Member States did not participate in the EU Succession Regulation’s adoption.
(i.e., Denmark, Ireland, United Kingdom). As a result, the above Member States are not compelled to recognize the European Certificate of Succession and can continue to use their national procedure in cross-border Managing cross-border inheritance disputes.