The loss of a loved one is a delicate moment, made even more complex when the succession involves assets located in different European Union countries or when the deceased, despite being a foreign citizen, had established their habitual residence in Milan. In an increasingly globalized context, international successions represent a legal challenge that requires expertise and precision. As an expert lawyer in successions in Milan, I fully understand the bureaucratic and legal difficulties that heirs face in having to prove their status and their rights in jurisdictions other than their own.

The European Certificate of Succession: Regulation and Function

To simplify inheritance procedures within the European Union, Regulation (EU) No 650/2012 was introduced. This regulation established the European Certificate of Succession (ECS), a fundamental tool for those who need to manage a cross-border inheritance. The certificate is a standardized document that allows heirs, legatees, executors, and administrators of an estate to prove their qualification and rights in all EU Member States (with the exception of Denmark and Ireland), without the need to initiate further legal proceedings in each individual country.

The core principle introduced by the Regulation is that the law applicable to the entire succession is that of the State in which the deceased had their habitual residence at the time of death, unless a different choice of law has been made in the will. This document has automatic evidentiary effects: the person indicated in the certificate as heir or legatee is presumed to have the succession rights specified therein. For a foreign citizen residing in Milan, or for an Italian citizen with assets abroad, the ECS represents the key to unlocking bank accounts, transferring real estate, and managing assets throughout Europe more quickly.

Studio Legale Bianucci's Approach to International Successions

Dealing with an international succession requires meticulous analysis not only of Italian law but also of cross-border implications. The approach of Avv. Marco Bianucci, an expert lawyer in succession law in Milan, always begins with the correct identification of the applicable law, a preliminary step often underestimated but crucial for avoiding conflicts between jurisdictions. Studio Legale Bianucci assists its clients in the complex phase of requesting and obtaining the European Certificate of Succession from the competent Italian authorities, whether they are notaries or the court registry, depending on the specifics of the case.

The firm's strategy focuses on the practical resolution of problems: from collecting the necessary documentation to prove the deceased's habitual residence in Milan, to the sworn translation of documents, to coordinating with foreign professionals when necessary. The goal is to relieve the client of the bureaucratic burden, ensuring that the transfer of assets takes place in full compliance with current regulations and with maximum legal certainty. Each case is handled with the awareness that behind every estate there are family and personal dynamics that deserve respect and dedicated assistance.

Frequently Asked Questions

Is the European Certificate of Succession mandatory for international successions?

The use of the European Certificate of Succession is not mandatory. It is an optional tool designed to facilitate heirs. However, in the context of a succession involving assets in different EU countries, its use is strongly recommended by any lawyer specializing in successions, as it avoids the need for lengthy and costly recognition procedures in the individual Member States where the assets are located.

Who issues the European Certificate of Succession in Milan?

In Italy, the competence for issuing the European Certificate of Succession lies with the notary. In specific cases, the judicial authority may be involved. Studio Legale Bianucci supports clients in identifying the competent authority and preparing all the necessary documentation to submit the application for issuance correctly and promptly.

Which law governs the inheritance of a foreigner residing in Milan?

According to Regulation (EU) 650/2012, the general rule provides that the law applicable to the entire succession is that of the State in which the deceased had their habitual residence at the time of death. Therefore, for a foreigner habitually resident in Milan, Italian law will generally apply, unless the deceased has expressly chosen in their will to apply the law of their nationality.

How long is the certificate valid for?

The European Certificate of Succession has a limited validity period. The certified copies issued are valid for a period of six months. It is possible to request an extension of validity or the issuance of a new certified copy if the succession procedure requires longer times. It is essential to monitor these deadlines to avoid interruptions in the management of inherited assets.

Request a consultation for your international succession

Cross-border successions present technical pitfalls that, if overlooked, can block the transfer of assets for years. If you need assistance with the inheritance of a foreign relative residing in Italy or to manage assets located abroad, it is essential to act with the support of a competent professional. Contact Avv. Marco Bianucci for an in-depth assessment of your case. The firm will analyze your specific situation to identify the most effective path for the protection of your inheritance rights.