European UnionI live in one EU country but own rental property in another. Which succession law applies to it?
The succession law that applies to your rental property in another EU country is generally the law of the country where the property is located — unless you have made a valid choice of law under EU Regulation No 650/2012.
What the Law Says
EU Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession applies uniformly across most EU Member States (except Denmark and Ireland). It determines which national succession law governs your estate — including immovable property like rental real estate — when you reside in one EU country and own property in another.
Under this Regulation, the general rule is that the law of the deceased’s habitual residence at the time of death governs the entire succession — both movable and immovable assets. However, there is an important exception for immovable property.
Article 21(1) states the default rule: 'The 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.' But Article 22(1) allows a person to choose the law of their nationality instead — provided the choice is express, in writing, and complies with formal requirements.
Crucially, while the Regulation aims for unity of succession law, it does not override national rules on *immovable property* in all cases. Some national courts still apply the 'lex situs' (law of the location) for real estate — especially where the Regulation’s unified approach conflicts with entrenched property law principles. However, the Regulation explicitly precludes applying lex situs *as a general conflict-of-law rule* — meaning the chosen or habitual-residence law governs the succession *as a whole*, including real estate — unless a Member State has made a declaration under Article 75.
You must make any choice of law before death, in writing, signed by you. The choice remains valid even if you later change nationality or habitual residence.
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
What Courts Have Said
Courts across the EU have affirmed the primacy of Regulation 650/2012 over national conflict-of-law rules — including those traditionally favouring lex situs for real estate.
The CJEU confirmed that Regulation 650/2012 applies to immovable property situated in a Member State, and that national courts must apply the designated succession law (e.g., law of habitual residence) — not automatically the law of the location — unless a valid Article 75 declaration applies.
The Court held that a choice of law under Article 22(1) binds national authorities even for real estate abroad, and that formal validity (e.g., written signature) is assessed under the law of the state where the act was performed or the chosen law.
What to Do
Determine your habitual residence at the time of death — this is the default governing law under Art. 21(1).
If you prefer the law of your nationality to apply instead, make a written, signed choice of law under Art. 22(1) — ideally with legal advice in both countries.
Check whether the country where your rental property is located has made a declaration under Art. 75 (none currently have; all participating states apply the Regulation fully).
Inform your heirs and local notary in the property’s country about your choice of law or habitual residence status — they may need to issue a European Certificate of Succession.
Keep records proving habitual residence (e.g., tax returns, registration documents) or nationality (passport, naturalisation certificate).
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.