This page provides general information only and is not legal advice. LawBridge is a platform that connects clients with lawyers, not a law firm, and does not provide legal services. For advice about your specific situation, consult a qualified lawyer.
Quick Answer
Real estate abroad forming part of an estate is generally still governed by the single succession law determined under the EU Succession Regulation (650/2012) — usually the law of the deceased's last habitual residence — rather than automatically falling under the property's own location. However, registering the inherited property still requires following that country's own land registry procedure, separate from the succession law question.
Quick Facts
- Governing framework
- EU Succession Regulation (EU) 650/2012 — one law for the whole estate, in principle
- What still varies by country
- Local land registry/registration procedure for the foreign property itself
- Who this applies to
- Heirs whose inheritance includes real estate located in a different EU country
- Typical first step
- Confirm which country's succession law applies to the whole estate
Your Options
Rely on the unified succession law for the property's legal treatment
In principle, the same succession law applies to the property as to the rest of the estate, not a separate law based on location.
Use a European Certificate of Succession for the property registry
Simplifies proving heir status when registering the property with the foreign land registry.
Engage local representation for the registration itself
The property's registration follows that country's own procedure, regardless of which succession law applies.
Steps to Take
- 1
Confirm the applicable succession law for the whole estate
Determines who inherits the property and in what shares, in principle regardless of where it's located.
- 2
Identify the specific foreign land registry requirements
Registration procedure, required documents, and any local taxes vary by country.
- 3
Obtain a European Certificate of Succession, if needed
Provides standard proof of heir status for the foreign registry.
- 4
Complete the local registration process
Update the land registry to reflect the heir(s) as new owner(s).
- 5
Get country-specific legal advice
Local property/tax rules interact with succession law in ways worth checking before assuming a straightforward transfer.
Documents You May Need
- Death certificate
- European Certificate of Succession, or the relevant national equivalent
- Proof of ownership/title for the foreign property
- Identity documents for heirs
- Certified translations of documents, where required
Common Mistakes to Avoid
- Assuming the property automatically falls under the law of the country where it's located
- Not budgeting time for local land registry procedure alongside the succession process
- Overlooking foreign property tax or registration fees
- Not obtaining a European Certificate of Succession before approaching the foreign registry
Risks & Deadlines
Registration deadlines vary by country
Requires legal review for the specific country — the time allowed (or expected) to register inherited property varies between EU member states.
Local property/inheritance tax may apply regardless of succession law
Requires legal review for the specific country — a country can still tax property located there even if its succession law doesn't govern the inheritance itself.
Estimated Costs
- European Certificate of Succession: Requires legal review — varies by country
- Local land registry fees: Requires legal review — varies by country
- Initial lawyer consultation: Varies by lawyer and country — ask for a quote upfront
When to Contact a Lawyer
- The estate includes real estate in more than one country
- You're unsure which country's succession law applies to the whole estate
- The foreign land registry has specific requirements you don't understand
- There may be local property or inheritance tax implications
Frequently asked questions
Not automatically — under the EU Succession Regulation, the property is generally governed by the same succession law as the rest of the estate, usually based on the deceased's last habitual residence.
Yes — even where the succession law question is settled, registering the property as the heir's own generally requires following that country's own land registry procedure.
Possibly — local property or inheritance tax can apply based on where the property is, independent of which country's succession law governs the inheritance itself. This needs country-specific advice.
No. LawBridge is a platform that connects you with independent lawyers — it does not itself provide legal advice or legal services.
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