pt: What are the recorded scope, issuance and presentation conditions of the European Certificate of Succession for this country and document type? — Recorded rules are available; their applicability to this case has not been established.
For Portugal, an ECS may be issued by a competent authority of a participating State for use in another participating State. The Regulation applies to successions of persons dying on or after 17 August 2015 (Article 83(1)); the death date in this case is unestablished. The Certificate is for heirs, legatees having direct rights, executors and estate administrators who need to invoke status, rights or powers in another participating State. It is issued in a participating State whose courts have jurisdiction under Articles 4, 7, 10 or 11, by a court or another nationally competent authority; the application and evidence are examined under Articles 65–66. The authority shall not issue it, in particular, where certified elements are challenged or it would conflict with a decision covering the same elements. Use is optional and it does not replace domestic documents; once issued for another participating State, it also has effects in the issuing State. In participating States Article 69 effects arise without special procedure: the certified elements and the stated status, rights or powers are presumed accurate. Its suitability for registration does not remove the Article 1(2)(k)–(l) exclusions for rights in rem and registers; Articles 71–73 govern correction, modification, withdrawal, challenges and suspension of effects. The original remains with the issuing authority; a certified copy is normally valid for six months with an expiry date stated on it. In an exceptional, duly justified case its initial validity may be longer; after expiry, an extension of the copy’s validity or a new certified copy is needed for use of the Certificate. This is not a general expiration period for the Certificate itself. Within the Regulation’s route Article 74 waives legalisation and similar formalities for documents issued in a participating State in its context; it does not remove all documentary requirements or itself bind a nonparticipating country to accept such documents without legalisation. — Issuing and receiving authorities, document type, proceeding, entitlement, copy status, translation, asset registration and local requirements remain unestablished; a country flag cannot resolve them. — «Article 1
Scope
1.
This Regulation shall apply to succession to the estates of deceased persons. It shall not apply to revenue, customs or administrative matters.
2.
The following shall be excluded from the scope of this Regulation:
(a)
the status of natural persons, as well as family relationships and relationships deemed by the law applicable to such relationships to have comparable effects;
(b)
the legal capacity of natural persons, without prejudice to point (c) of Article 23(2) and to Article 26;
(c)
questions relating to the disappearance, absence or presumed death of a natural person;
(d)
questions relating to matrimonial property regimes and property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage;
(e)
maintenance obligations other than those arising by reason of death;
(f)
the formal validity of dispositions of property upon death made orally;
(g)
property rights, interests and assets created or transferred otherwise than by succession, for instance by way of gifts, joint ownership with a right of survivorship, pension plans, insurance contracts and arrangements of a similar nature, without prejudice to point (i) of Article 23(2);
(h)
questions governed by the law of companies and other bodies, corporate or unincorporated, such as clauses in the memoranda of association and articles of association of companies and other bodies, corporate or unincorporated, which determine what will happen to the shares upon the death of the members;
(i)
the dissolution, extinction and merger of companies and other bodies, corporate or unincorporated;
(j)
the creation, administration and dissolution of trusts;
(k)
the nature of rights in rem; and
(l)
any recording in a register of rights in immovable or movable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 1; current-official-snapshot-utf8:1487:3717 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 62
Creation of a European Certificate of Succession
1.
This Regulation creates a European Certificate of Succession (hereinafter referred to as ‘the Certificate’) which shall be issued for use in another Member State and shall produce the effects listed in Article 69.
2.
The use of the Certificate shall not be mandatory.
3.
The Certificate shall not take the place of internal documents used for similar purposes in the Member States. However, once issued for use in another Member State, the Certificate shall also produce the effects listed in Article 69 in the Member State whose authorities issued it in accordance with this Chapter.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 62; current-official-snapshot-utf8:51009:51705 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 63
Purpose of the Certificate
1.
The Certificate is for use by heirs, legatees having direct rights in the succession and executors of wills or administrators of the estate who, in another Member State, need to invoke their status or to exercise respectively their rights as heirs or legatees and/or their powers as executors of wills or administrators of the estate.
2.
The Certificate may be used, in particular, to demonstrate one or more of the following:
(a)
the status and/or the rights of each heir or, as the case may be, each legatee mentioned in the Certificate and their respective shares of the estate;
(b)
the attribution of a specific asset or specific assets forming part of the estate to the heir(s) or, as the case may be, the legatee(s) mentioned in the Certificate;
(c)
the powers of the person mentioned in the Certificate to execute the will or administer the estate.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 63; current-official-snapshot-utf8:51718:52708 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 64
Competence to issue the Certificate
The Certificate shall be issued in the Member State whose courts have jurisdiction under Article 4, Article 7, Article 10 or Article 11. The issuing authority shall be:
(a)
a court as defined in Article 3(2); or
(b)
another authority which, under national law, has competence to deal with matters of succession.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 64; current-official-snapshot-utf8:52730:53138 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 65
Application for a Certificate
1.
The Certificate shall be issued upon application by any person referred to in Article 63(1) (hereinafter referred to as ‘the applicant’).
2.
For the purposes of submitting an application, the applicant may use the form established in accordance with the advisory procedure referred to in Article 81(2).
3.
The application shall contain the information listed below, to the extent that such information is within the applicant’s knowledge and is necessary in order to enable the issuing authority to certify the elements which the applicant wants certified, and shall be accompanied by all relevant documents either in the original or by way of copies which satisfy the conditions necessary to establish their authenticity, without prejudice to Article 66(2):
(a)
details concerning the deceased: surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable), address at the time of death, date and place of death;
(b)
details concerning the applicant: surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable), address and relationship to the deceased, if any;
(c)
details concerning the representative of the applicant, if any: surname (if applicable, surname at birth), given name(s), address and representative capacity;
(d)
details of the spouse or partner of the deceased and, if applicable, ex-spouse(s) or ex-partner(s): surname (if applicable, surname at birth), given name(s), sex, date and place of birth, civil status, nationality, identification number (if applicable) and address;
(e)
details of other possible beneficiaries under a disposition of property upon death and/or by operation of law: surname and given name(s) or organisation name, identification number (if applicable) and address;
(f)
the intended purpose of the Certificate in accordance with Article 63;
(g)
the contact details of the court or other competent authority which is dealing with or has dealt with the succession as such, if applicable;
(h)
the elements on which the applicant founds, as appropriate, his claimed right to succession property as a beneficiary and/or his right to execute the will of the deceased and/or to administer the estate of the deceased;
(i)
an indication of whether the deceased had made a disposition of property upon death; if neither the original nor a copy is appended, an indication regarding the location of the original;
(j)
an indication of whether the deceased had entered into a marriage contract or into a contract regarding a relationship which may have comparable effects to marriage; if neither the original nor a copy of the contract is appended, an indication regarding the location of the original;
(k)
an indication of whether any of the beneficiaries has made a declaration concerning acceptance or waiver of the succession;
(l)
a declaration stating that, to the applicant’s best knowledge, no dispute is pending relating to the elements to be certified;
(m)
any other information which the applicant deems useful for the purposes of the issue of the Certificate.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 65; current-official-snapshot-utf8:53154:56717 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 66
Examination of the application
1.
Upon receipt of the application the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its own law, or shall invite the applicant to provide any further evidence which it deems necessary.
2.
Where the applicant has been unable to produce copies of the relevant documents which satisfy the conditions necessary to establish their authenticity, the issuing authority may decide to accept other forms of evidence.
3.
Where this is provided for by its own law and subject to the conditions laid down therein, the issuing authority may require that declarations be made on oath or by a statutory declaration in lieu of an oath.
4.
The issuing authority shall take all necessary steps to inform the beneficiaries of the application for a Certificate. It shall, if necessary for the establishment of the elements to be certified, hear any person involved and any executor or administrator and make public announcements aimed at giving other possible beneficiaries the opportunity to invoke their rights.
5.
For the purposes of this Article, the competent authority of a Member State shall, upon request, provide the issuing authority of another Member State with information held, in particular, in the land registers, the civil status registers and registers recording documents and facts of relevance for the succession or for the matrimonial property regime or an equivalent property regime of the deceased, where that competent authority would be authorised, under national law, to provide another national authority with such information.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 66; current-official-snapshot-utf8:56739:58595 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 67
Issue of the Certificate
1.
The issuing authority shall issue the Certificate without delay in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the succession or under any other law applicable to specific elements. It shall use the form established in accordance with the advisory procedure referred to in Article 81(2).
The issuing authority shall not issue the Certificate in particular if:
(a)
the elements to be certified are being challenged; or
(b)
the Certificate would not be in conformity with a decision covering the same elements.
2.
The issuing authority shall take all necessary steps to inform the beneficiaries of the issue of the Certificate.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 67; current-official-snapshot-utf8:58608:59447 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 69
Effects of the Certificate
1.
The Certificate shall produce its effects in all Member States, without any special procedure being required.
2.
The Certificate shall be presumed to accurately demonstrate elements which have been established under the law applicable to the succession or under any other law applicable to specific elements. The person mentioned in the Certificate as the heir, legatee, executor of the will or administrator of the estate shall be presumed to have the status mentioned in the Certificate and/or to hold the rights or the powers stated in the Certificate, with no conditions and/or restrictions being attached to those rights or powers other than those stated in the Certificate.
3.
Any person who, acting on the basis of the information certified in a Certificate, makes payments or passes on property to a person mentioned in the Certificate as authorised to accept payment or property shall be considered to have transacted with a person with authority to accept payment or property, unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.
4.
Where a person mentioned in the Certificate as authorised to dispose of succession property disposes of such property in favour of another person, that other person shall, if acting on the basis of the information certified in the Certificate, be considered to have transacted with a person with authority to dispose of the property concerned, unless he knows that the contents of the Certificate are not accurate or is unaware of such inaccuracy due to gross negligence.
5.
The Certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State, without prejudice to points (k) and (l) of Article 1(2).» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 69; current-official-snapshot-utf8:62203:64099 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 70
Certified copies of the Certificate
1.
The issuing authority shall keep the original of the Certificate and shall issue one or more certified copies to the applicant and to any person demonstrating a legitimate interest.
2.
The issuing authority shall, for the purposes of Articles 71(3) and 73(2), keep a list of persons to whom certified copies have been issued pursuant to paragraph 1.
3.
The certified copies issued shall be valid for a limited period of six months, to be indicated in the certified copy by way of an expiry date. In exceptional, duly justified cases, the issuing authority may, by way of derogation, decide that the period of validity is to be longer. Once this period has elapsed, any person in possession of a certified copy must, in order to be able to use the Certificate for the purposes indicated in Article 63, apply for an extension of the period of validity of the certified copy or request a new certified copy from the issuing authority.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 70; current-official-snapshot-utf8:64112:65138 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 71
Rectification, modification or withdrawal of the Certificate
1.
The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, rectify the Certificate in the event of a clerical error.
2.
The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate.
3.
The issuing authority shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 70(1) of any rectification, modification or withdrawal thereof.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 71; current-official-snapshot-utf8:65151:65951 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 72
Redress procedures
1.
Decisions taken by the issuing authority pursuant to Article 67 may be challenged by any person entitled to apply for a Certificate.
Decisions taken by the issuing authority pursuant to Article 71 and point (a) of Article 73(1) may be challenged by any person demonstrating a legitimate interest.
The challenge shall be lodged before a judicial authority in the Member State of the issuing authority in accordance with the law of that State.
2.
If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent judicial authority shall rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.
If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent judicial authority shall issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 72; current-official-snapshot-utf8:65964:67059 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 73
Suspension of the effects of the Certificate
1.
The effects of the Certificate may be suspended by:
(a)
the issuing authority, at the request of any person demonstrating a legitimate interest, pending a modification or withdrawal of the Certificate pursuant to Article 71; or
(b)
the judicial authority, at the request of any person entitled to challenge a decision taken by the issuing authority pursuant to Article 72, pending such a challenge.
2.
The issuing authority or, as the case may be, the judicial authority shall without delay inform all persons to whom certified copies of the Certificate have been issued pursuant to Article 70(1) of any suspension of the effects of the Certificate.
During the suspension of the effects of the Certificate no further certified copies of the Certificate may be issued.
CHAPTER VII
GENERAL AND FINAL PROVISIONS» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 73; current-official-snapshot-utf8:67069:68040 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 74
Legalisation and other similar formalities
No legalisation or other similar formality shall be required in respect of documents issued in a Member State in the context of this Regulation.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 74; current-official-snapshot-utf8:68047:68257 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Article 83
Transitional provisions
1.
This Regulation shall apply to the succession of persons who die on or after 17 August 2015.
2.
Where the deceased had chosen the law applicable to his succession prior to 17 August 2015, that choice shall be valid if it meets the conditions laid down in Chapter III or if it is valid in application of the rules of private international law which were in force, at the time the choice was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed.
3.
A disposition of property upon death made prior to 17 August 2015 shall be admissible and valid in substantive terms and as regards form if it meets the conditions laid down in Chapter III or if it is admissible and valid in substantive terms and as regards form in application of the rules of private international law which were in force, at the time the disposition was made, in the State in which the deceased had his habitual residence or in any of the States whose nationality he possessed or in the Member State of the authority dealing with the succession.
4.
If a disposition of property upon death was made prior to 17 August 2015 in accordance with the law which the deceased could have chosen in accordance with this Regulation, that law shall be deemed to have been chosen as the law applicable to the succession.» — Regulation (EU) 650/2012 — current consolidated English text — https://op.europa.eu/o/opportal-service/download-handler?identifier=06e4940f-eb4f-4e63-8e29-c3b9c0bd45af&format=xhtml&language=en&productionSystem=cellar&part= — Article 83; current-official-snapshot-utf8:74702:76141 — Source date: 2012-07-04 — Verified: 2026-10-17 — «Portugal EU Member State since 1986, Euro area member since 1999, Schengen area member since 1995 and more about Portugal’s participation in the EU.» — EU countries — official list page 2 of 2 — https://european-union.europa.eu/principles-countries-history/eu-countries_en?page=1 — members2_1; current-official-snapshot-utf8:2138:2288 — Verified: 2026-10-17 — «The Regulation applies between all Member States except Denmark and Ireland. The Regulation also introduces a European Certificate of Succession (ECS).» — European e-Justice: European Certificate of Succession — https://online-forms.e-justice.europa.eu/online-forms/european-certificate-succession_en — ecs_1; current-official-snapshot-utf8:971:1122 — Verified: 2026-10-17 — Recorded regulation context only; personal applicability and governing law: unknown.