Which country's law governs an estate with property in several countries, what the European Certificate of Succession does, and what changes outside the EU.
If you live in one EU country and own an apartment in another, the question of who inherits it, and under whose rules, is not obvious. Within most of the EU the answer comes from one instrument: Regulation (EU) No 650/2012, usually called the EU Succession Regulation. This article explains the logic in plain terms. It is general information, not advice for a specific estate.
What the Regulation does
According to the European e-Justice portal, the Regulation applies to the estates of people who died on or after 17 August 2015. Its aim is that a cross-border succession is treated under a single law and by a single authority, instead of each country opening its own procedure and applying its own rules to the assets located there.
The two practical rules to remember:
- The default applicable law is the law of the country where the person had their habitual residence at the time of death. This is a factual test (where life was centred: family, work, home, how long), not just a registration or a visa.
- A person may choose, in a will, the law of the country whose nationality they hold at the time of the choice or at the time of death. The choice must be express and made in the form of a disposition of property upon death.
So a Russian-speaking resident of Germany who holds Polish citizenship would, without a choice, normally be governed by German law for the whole estate, including a flat in Spain. With a valid choice of Polish law, Polish rules would apply to the whole estate instead.
One law for the whole estate
The Regulation does not split the estate by the location of assets. One law governs it as a whole: who the heirs are, what share each gets, and how the estate passes. That is the main change compared with the old system where, for example, real estate followed the law of the place where it stood. The Regulation still lets some local rules apply for registering rights, and certain countries keep special rules for particular assets. Local land registry formalities therefore always remain local.
Who is inside, who is outside
The Regulation binds the EU member states except Denmark and Ireland, which do not take part (e-Justice portal). Succession in those two countries remains under their national rules. Non-EU countries such as the United Kingdom are not bound either.
Note a feature that surprises many people: the Regulation has universal scope. A court or notary in a participating state applies the law the Regulation points to even if that is the law of a non-EU country. That does not oblige a non-EU country to follow it.
The European Certificate of Succession
The European Certificate of Succession is a document that lets heirs, legatees, executors and administrators prove their status and rights in another member state without a separate recognition procedure. It is issued by the authority of the member state that handles the succession, on a standard form, and is accepted for example by land registries and banks in other participating states. It is a tool to save time, not a replacement for local tax steps or for the registry's own formalities. See our step-by-step article on registering inherited property abroad.
Property in non-EU countries
For a flat in Turkey, the UAE, Georgia or Thailand the picture is different, because those countries are not bound by the Regulation. In general:
- The local land registry and local courts apply their own conflict-of-law and registration rules. They may apply the law of the place where the property stands, or the law of the owner, depending on the country.
- Local forced-heirship or religious rules can reach the property even if EU rules point to another law. Foreign-ownership limits may also matter, for example when the heir would not be allowed to hold the asset in their own name. We have not verified the position country by country, and you should ask a local lawyer before relying on any assumption.
- Local formalities (court order, notarised translations, apostille, tax clearance) are usually needed whatever the EU certificate says.
The safest approach for such assets is to plan them separately. Our article on a will for property in several countries covers it.
What to check now
If you own property in another EU country, three checks take little time and avoid most surprises. First, write down where you are habitually resident and whether your life is clearly centred there; if you split your year between two countries, this deserves a lawyer's opinion. Second, decide whether a choice of your national law in a will would serve your family better than the default. Third, ask whether the country of the property has any special rules, for example on reserved shares, that your lawyer should address in the will. None of this needs to be done in a hurry, but it is much easier while everyone is alive and well. Review your conclusions after any move to another country, because habitual residence can change and the applicable law with it.
FAQ
Which law applies if I live in Poland and own a flat in Bulgaria? Without a choice of law, the law of your habitual residence at death, that is Polish law, governs the estate as a whole, including the flat, according to the Regulation. Bulgarian registry formalities and any taxes remain local.
Can I choose the law of the country where the property is? Not unless it is also the law of your nationality. The Regulation allows a choice only of the law of a country whose nationality you hold.
Is the European Certificate of Succession mandatory? No. It is optional, but it often makes the registration in another EU state simpler.
Does the Regulation decide the tax? No. It covers civil law questions. Inheritance tax follows national rules; see inheritance and gift tax on property abroad.
What if the owner lived outside the EU? Then the Regulation may still point to a law, but its reach depends on the court dealing with the case. Get local advice early.
What do I do when someone has already died? Start with the practical list in the article on heirs registering inherited property.
How we help
We are a trilingual platform that finds properties abroad and coordinates independent local lawyers and tax advisers for buyers and heirs. This text is informational and is not legal, tax or investment advice; rules change and each estate is different, so verify current rules with a qualified lawyer. Official overview: e-Justice portal, succession.