The Certificate of Inheritance – Legal Nature and Probative Value

Abstract

The certificate of inheritance is the final act of the notary succession procedure which serves as proof of the quality of the heir and the property right of the accepted heirs over the goods of the successor mass, in the amount awarded to each heir. Doctrine and specialty literature continue to express controversy regarding this notary act, even in light of new provisions of the Civil Code. Consequently, the current paper aims to analyze the legal nature and the probative value of the certificate of inheritance, regarding the internal legal provisions as well as the European ones, by considering the decisions of national courts and the Court of Justice of the European Union.