Inheritance of property within the European Union can be simpler than you think – thanks to the European Certificate of Succession (ECS). This certificate enables heirs, legatees, executors of wills, and estate administrators to easily prove their rights in any Member State without the need for additional recognition or special procedures.
The ECS is issued on an official form, with the aim of speeding up and simplifying cross-border succession. However, although the certificate is valid in all EU Member States, practice has shown that problems may arise when registering ownership rights in the Croatian land registry.
Where does the problem arise?
Croatian land registry law requires a detailed description of the property – including the cadastral parcel number and cadastral municipality – in order to precisely identify the asset. In some Member States, such as Germany, such a description is not required because their laws do not impose the same conditions. For example, a German court may issue an ECS without a precise identification of the property, which can pose an obstacle to registering ownership rights in Croatia.
Croatian courts have been known to reject registrations based on such certificates precisely due to the lack of information mandatory under domestic law.
How to avoid complications?
It is important to understand that the country where the land registry is maintained determines the rules for registration. Therefore, although the European Certificate is legally valid, it must comply with Croatian legal standards. If the certificate does not contain sufficient data for property identification, additional legal interpretation, obtaining supplementary documentation, or even initiating the appropriate procedure may be necessary. Our law firm can assist you with all these steps – from document analysis to managing the procedure before competent authorities – to ensure your rights are properly registered and protected.
Do you have an ECS and are unsure if it is sufficient for registration?
In such cases, it is crucial to act quickly and correctly. Our law firm offers expert assistance in reviewing the European Certificate of Succession, preparing the necessary documentation, and handling the entire registration process in the land registry – so you can realize your inheritance rights without unnecessary stress.