European UnionWhat happens to my EU property if I die intestate while living in a non-EU country?
If you die intestate while living outside the EU, your EU property is generally governed by the law of the EU country where the property is located — unless you chose the law of your nationality under the EU Succession Regulation.
What the Law Says
The EU Succession Regulation (Regulation (EU) No 650/2012) harmonises rules on jurisdiction and applicable law for cross-border successions involving EU Member States. It applies automatically in all EU countries except Denmark and Ireland.
The Regulation determines which country’s law governs your entire estate — including immovable property like houses or land in the EU — based on your 'habitual residence' at the time of death, unless you validly choose the law of your nationality.
This means that even if you live permanently in a non-EU country (e.g., Canada or Australia), your EU property will still be subject to the succession law of the EU Member State where it is located — unless you made a formal choice of law in your will.
The Regulation ensures that only one national law applies to your whole estate (‘single applicable law’), avoiding conflicting rules across jurisdictions.
Statutory TextThe law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death.
— Regulation (EU) No 650/2012, Art. 21(1) — General rule
Statutory TextA person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death.
— Regulation (EU) No 650/2012, Art. 22(1) — Choice of law
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.