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
Any inheritance with a cross-border element — the deceased living abroad, the heirs living abroad, or the estate including foreign property — is generally governed by the EU Succession Regulation (650/2012), which aims for one country's law to apply to the whole estate rather than fragmenting it by asset or nationality. Which country's law that actually is, and what practical steps follow, depend on the specific circumstances and require legal review.
Quick Facts
- Governing framework
- EU Succession Regulation (EU) 650/2012
- Core aim
- One applicable law for the entire estate, rather than different rules per asset or heir
- Who this applies to
- Anyone facing an inheritance with any cross-border connection to another EU country
- Typical first step
- Identify exactly what the cross-border element is — the deceased, an heir, or an asset — since each raises slightly different practical questions
Your Options
Establish the applicable law first
Before anything else, confirm which country's succession law actually governs the estate — this shapes every subsequent step.
Handle EU-based cross-border formalities as they arise
European Certificate of Succession, translations, and foreign registrations are all designed to work within a single applicable-law framework.
Get country-specific advice for the country actually handling the case
Once the applicable law and administering country are known, most remaining questions are genuinely country-specific.
Steps to Take
- 1
Identify the cross-border element
Was the deceased living abroad, is an heir abroad, or is foreign property involved? Each has its own specific guide (see related guides below).
- 2
Determine the applicable succession law
Generally the deceased's last habitual residence, unless a valid choice-of-law applies.
- 3
Confirm which country's courts or authorities are administering the case
Usually follows the same jurisdiction as the applicable law, with limited exceptions.
- 4
Gather the relevant documentation
Death certificate, will, proof of assets and their locations, and identity documents for heirs.
- 5
Get country-specific legal advice
The right lawyer depends on which country is actually administering the succession.
Documents You May Need
- Death certificate
- The will, if one exists
- An overview of the estate's assets and their locations
- Identity documents for heirs
- Any existing correspondence with foreign authorities or institutions
Common Mistakes to Avoid
- Assuming nationality, rather than habitual residence, determines the applicable law
- Not identifying every cross-border element early (a foreign asset can be easy to miss)
- Treating the situation as purely domestic because the deceased was Czech
- Delaying legal advice until a foreign deadline is already close
Risks & Deadlines
The applicable law isn't always the obvious one
Requires legal review for the specific case — habitual residence, not nationality, is the default basis, and a valid choice-of-law clause can override even that.
Deadlines and procedure follow the administering country
Requires legal review for the specific country — once the applicable law and administering country are confirmed, that country's own procedural deadlines apply.
Estimated Costs
- Initial lawyer consultation: Varies by lawyer and country — ask for a quote upfront
- European Certificate of Succession, if needed: Requires legal review — varies by country
- Full succession/probate proceedings: Requires legal review — depends on the country and estate complexity
When to Contact a Lawyer
- You're not sure which country's law governs the inheritance
- The estate involves more than one country in any way
- Heirs disagree, or communication across borders is difficult
- A deadline in a foreign country is approaching and you're unsure what applies
Frequently asked questions
Not necessarily — the EU Succession Regulation was specifically designed to avoid fragmenting an estate across different countries' laws, so many cross-border cases are more straightforward than people expect. The complexity usually comes from the practical, not the legal, side.
It depends on the specific cross-border element — see the related guides for when the deceased died abroad, when foreign property is involved, or when an heir lives abroad, each with more specific guidance.
Not always — often one lawyer, in the country administering the succession, can handle the case with the help of documents like the European Certificate of Succession, though complex situations may need coordinated advice in more than one country.
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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