Can the deceased choose the law applicable to the succession?

Yes. Regulation 650/2012 allows a person to choose the law of the state whose nationality they possess to govern the whole succession (professio iuris), typically through a disposition of property upon death.

What is the European Certificate of Succession (ECS) used for?

The ECS is an EU-wide standard certificate that heirs, legatees, executors or administrators can use to prove their status and exercise succession rights in another Member State, and it is recognised across Member States without a special procedure.

Does the ECS replace national succession documents (e.g., Romanian heir certificate)?

No. The ECS is designed mainly for use in another Member State; in practice you may need both national instruments and an ECS depending on what you must do in each country (banks, land registry, company registers).

When is the ECS particularly helpful with assets in 2–3 EU states?

When you must quickly prove your status to a bank, land registry or authority in a Member State different from the one handling the succession, the ECS can reduce friction and speed up implementation.

Which official forms are used for the ECS?

The standard forms are set by Commission Implementing Regulation (EU) No 1329/2014: the application is Form IV and the ECS itself is Form V.

How do I coordinate proceedings if Romania is only one of the countries involved?

Start by identifying the ‘pivot’ authority (often linked to habitual residence under the EU regime) and then plan implementation steps in the other countries—account access, registrations, transfers—using the ECS where it is efficient.

What if there are assets in the UK (post‑Brexit) alongside Romania and an EU country?

Regulation 650/2012 does not apply to the UK; typically you will use the EU tools for the participating Member States and UK national procedures for the UK assets, coordinating evidence and documents between them.

International successions with Romania: habitual residence, choice of law & the European Certificate of Succession (ECS)

Q: When does Regulation (EU) No 650/2012 apply?

It applies to cross-border successions and sets rules on jurisdiction, applicable law, recognition/enforcement of decisions and acceptance of authentic instruments, and introduces the European Certificate of Succession (ECS). Official EU resources indicate it applies in participating EU Member States (with Denmark and Ireland not participating), and the UK does not participate either.

Q: What is “habitual residence” and why does it matter?

Under the EU succession regime, the deceased’s habitual residence is the key connecting factor for jurisdiction and, as a default, for applicable law—unless a valid choice of law was made.

Q: Will I need translations?

Authorities or banks in the country where you use the document can request translations into an accepted language. Even if the ECS is recognised without a special procedure, language/format requirements may still apply in practice.

Note: This is an informational guide based on official EU sources. International successions are fact-sensitive (habitual residence, assets, family situation, prior documents), so the best route is often confirmed with a case-specific legal review.

1) The EU “core” for cross-border succession: Regulation (EU) No 650/2012

The central EU instrument for cross-border successions is Regulation (EU) No 650/2012 (official text, EUR-Lex). Official EU resources explain that it sets rules on jurisdiction, applicable law and recognition/enforcement, and introduces the European Certificate of Succession (ECS). See EU e-Justice Portal – Succession (overview) and the official summary: EUR-Lex – Summary (650/2012).

EU official resources also explain that the Regulation applies in EU Member States with Denmark and Ireland not participating, and that the UK does not participate. See EUR-Lex – Summary and the European Judicial Atlas (Succession). For Romanian-language access to the official text, see Regulation 650/2012 (RO, EUR-Lex).

2) Habitual residence: treat it as “File #1”

Under the EU succession regime, habitual residence is the key connecting factor for jurisdiction and, as a default, for applicable law (unless a valid choice of law exists). EUR-Lex – Summary (650/2012) Practically, “habitual residence” is a factual assessment of the person’s life centre. In multi-country cases, it is worth preparing a clean evidence bundle early.

Practical evidence bundle for habitual residence (examples)

Housing/address proof (leases, utility bills, residence registration where applicable).
Family/social centre (where close family lived; schooling of children where relevant).
Administrative/economic ties (employment, health insurance, banking activity, GP/doctor registration, official correspondence).
Timeline and stability (clear chronology of moves over the last years).

Why it matters: in 2–3 country successions, a dispute or uncertainty about habitual residence can drive where the main procedure is handled and which authority becomes the “pivot” for the file. See the official overview: e-Justice – Succession.

3) Choice of law (professio iuris): when it reduces fragmentation

Regulation 650/2012 allows, under conditions, a person to choose the law of the state of their nationality to govern the succession as a whole (professio iuris), typically through a disposition of property upon death. This is confirmed by official EU explanations. EUR-Lex – Summary e-Justice – Succession

Practical take: in Romania + other-country scenarios, a properly drafted choice-of-law clause can increase predictability—especially where there are immovables in multiple jurisdictions. The exact impact depends on the facts and existing documents.

4) The European Certificate of Succession (ECS): when and how to use it

The ECS is an EU-wide standard certificate introduced by Regulation 650/2012. According to the e-Justice Portal, it can be used by heirs, legatees, executors or administrators to prove their status and exercise their rights in another Member State, and it is recognised across Member States without a special procedure. e-Justice – European Certificate of Succession

When to use the ECS (6 typical 2–3 country scenarios)

Scenario (example)	Practical issue	Why the ECS helps	Official reference
Bank accounts in Romania + Germany	German bank requests proof of heir/executor/administrator status	The ECS is designed to prove succession status in another Member State	e-Justice – ECS
Real estate in Romania + Spain	Registrations/changes in separate land registries	ECS can streamline proof of succession rights for formalities abroad	e-Justice – ECS
Heirs in Romania, Italy and France	Cross-border proof of status for authorities/banks	Standardised EU document for cross-border use	e-Justice – ECS
Main file handled in Romania, assets in another EU state	Need a quick, credible proof document abroad	ECS is intended for use in other Member States	Reg. 650/2012
Executor appointed, powers need cross-border effect	Foreign authority needs proof of powers	ECS may evidence executor/administrator status and powers	e-Justice – ECS
Parallel implementation in two EU countries	Different institutions ask for different documents	ECS can reduce friction vs multiple national certificates, but institutions may still require specific formats/language	e-Justice – Succession

Official forms (application + certificate)

The standard forms under Regulation 650/2012 are set by Commission Implementing Regulation (EU) No 1329/2014 (EUR-Lex). In the official annexes, the ECS application is Form IV and the ECS itself is Form V. 1329/2014 (PDF, EUR-Lex)

For the EU “online forms” framework (generate forms as PDF), see: e-Justice – Online forms. For succession-specific entry points and ECS explanations, see e-Justice – Succession and e-Justice – ECS.

5) Document + translation checklist for a 2–3 country file

Death certificate (and, where available/appropriate, accepted extracts or formats).
Civil status documents for heirs (birth/marriage/divorce) to evidence the relationship chain.
Will / succession agreement (if any) + proof of validity/registration where applicable.
Asset proof per country (land registry extracts, bank statements/letters, shares, contracts, receivables).
Habitual residence evidence bundle (see section 2).
Choice-of-law evidence (if made) within the disposition of property upon death. EUR-Lex – Summary
If cross-border implementation in participating EU states is needed: ECS (Form V) and the application (Form IV), per 1329/2014. 1329/2014

Translations: a pragmatic approach

Authorities and banks in the country where you use the documents may request translations into an accepted language. Even if the ECS is recognised without a special procedure, language/format requirements can still arise in practice. e-Justice – ECS Practical recommendation: check the target institution’s requirements before commissioning translations “blind”.

6) Coordinating steps across countries: a simple, verifiable strategy

Identify the “pivot” authority: the EU regime aims for one coherent succession handled under one law, with habitual residence as the default connecting factor (unless a valid choice of law changes the picture). e-Justice – Succession
Map what must be implemented in each country: bank accounts, land registry entries, vehicles, company shares, receivables, insurance.
Pick the best cross-border proof tool: in participating Member States, the ECS is the standard instrument for proving status in another Member State. e-Justice – ECS
Run tasks in parallel: time is saved by preparing translations, appointments and requests in parallel for the 2–3 countries.
Do not ignore non-participating countries: where Denmark/Ireland/UK assets exist, EU tools may not apply to their part (official EU summary). EUR-Lex – Summary

Frequently asked questions (concrete scenarios)

1) The deceased lived in Spain but owned an apartment in Romania. Where is the main succession handled?

Under the EU regime, habitual residence is the pivot for jurisdiction and, as a default, applicable law. Cross-border implementation in Romania may then require land registry steps; for proving status in another Member State, the ECS can be useful. e-Justice – Succession e-Justice – ECS

2) We have bank accounts in Romania and Germany. What will the German bank typically ask for?

In practice, banks ask for proof of heir/executor/administrator status. The ECS is designed for cross-border proof and is recognised across Member States without a special procedure. e-Justice – ECS

3) Can the deceased choose Romanian law if they were a Romanian national?

Regulation 650/2012 allows a choice of the law of the state of nationality (professio iuris), typically through a disposition of property upon death. EUR-Lex – Summary

4) Does the ECS replace Romanian succession documents?

No. The ECS is designed primarily for use in another Member State. Domestic effects in Romania typically rely on national instruments, but the ECS can be relevant if you must prove a status established in another EU country. Reg. 650/2012 e-Justice – ECS

5) Which official forms apply to the ECS?

The standard forms are in Implementing Regulation (EU) No 1329/2014: Form IV (application) and Form V (certificate). 1329/2014 (EUR-Lex) 1329/2014 (PDF)

6) What if there are assets in Denmark or Ireland?

Official EU sources indicate Denmark and Ireland do not participate in Regulation 650/2012, so their part follows national rules, while the participating Member State part follows the EU regime. Judicial Atlas – Succession EUR-Lex – Summary

7) What if there are assets in the UK (post‑Brexit)?

Official EU sources state the UK does not participate in the EU succession regulation, so UK assets are dealt with under UK national procedures, while EU assets in participating Member States can follow the EU regime. EUR-Lex – Summary

8) Where can I find official EU guidance about successions and the ECS?

Start with e-Justice – Succession and e-Justice – ECS, then the official legal texts on EUR-Lex: Regulation 650/2012 and Implementing Regulation 1329/2014 (forms).