European Certificate of Succession for Spain

Why a German Erbschein Alone Isn't Enough

When a German national dies in Spain leaving assets in both countries, German heirs typically apply for an Erbschein (inheritance certificate) from their local German probate court. The problem: Spanish banks, land registries, and notaries often struggle with the Erbschein. They may not know what it is, may question its validity, or may demand additional legalization before accepting it.

The European Certificate of Succession (Certificado Sucesorio Europeo / CSE, or Europäisches Nachlasszeugnis / ENZ) solves this. Created under EU Regulation 650/2012, it is a uniform European document that proves heirship across all EU member states except Ireland and Denmark — without requiring national probate deeds, apostilles, or legalization.

How to Obtain a CSE/ENZ

The certificate can be issued by two authorities:

German probate court (Nachlassgericht): If the deceased was habitually resident in Germany, the local Nachlassgericht has jurisdiction. The application closely resembles an Erbschein application — you submit the death certificate, birth and marriage certificates, the will (if any), and proof of your kinship or testamentary right.

Spanish notary: If the deceased was habitually resident in Spain, a Spanish public notary (notario) can issue the CSE. This route requires working with a bilingual attorney, since the application and supporting documents involve both legal systems.

For the issuance timing and the period for which a certified copy can be used, confirm the current details with the competent authority for the estate.

The Habitual Residence Question

Under EU Regulation 650/2012, the default law governing inheritance is that of the deceased's last habitual residence at the time of death — not their nationality. This creates a significant risk for German retirees living permanently in Spain:

If a German citizen dies as a permanent resident in Spain without a will that explicitly selects German inheritance law (Rechtswahl), their entire estate is subject to Spanish succession rules. Spanish law imposes mandatory statutory shares (legítimas) that reserve two-thirds of the estate for the deceased's children, severely restricting the surviving spouse's inheritance rights.

For "snowbirds" splitting time between both countries, determining habitual residence involves a holistic assessment of tax residency, medical registrations, utility bills, and social ties. Disputed cases require specialized legal counsel.

The Certificado de Últimas Voluntades

For estate administration in Spain, heirs should obtain the Certificado de Últimas Voluntades from the Central Registry of Last Wills at the Spanish Ministry of Justice. This certificate confirms whether the deceased executed a will in Spain and which notary holds the original deed.

Critical timing: this certificate cannot be requested until 15 business days after the date of death. Spanish banks and notaries will not proceed without it.

Berliner Testament Recognition Issues

German couples commonly use the Berliner Testament (mutual will) where spouses appoint each other as sole heirs and designate children as final heirs. This is a standard German legal instrument, but it is foreign to Spanish civil law.

Spanish land registries (Registro de la Propiedad) sometimes refuse to register property transfers based on a Berliner Testament because the concept doesn't map onto Spanish succession categories. A bilingual attorney must draft a formal certificado de ley (certificate of law) explaining the German legal construct to the Spanish notary and registry.

The Practical Sequence

1. Obtain the international death certificate from the Spanish Registro Civil
2. Wait 15 business days, then request the Certificado de Últimas Voluntades
3. Apply for a CSE/ENZ from the competent German Nachlassgericht (or Spanish notary)
4. Present the CSE to Spanish banks and registries to execute asset transfers
5. Complete the Escritura Pública de Aceptación de Herencia (public deed of inheritance acceptance) before a Spanish notary to transfer real property

For the full probate timeline and every document in the sequence, see our cross-border emergency guide.