# Status of the applicant

Not just anybody can apply for the issue of an ECS. Only certain persons are entitled to apply for issue. They are the following:

- Heirs or legatees having direct rights in the succession (Article 63(1) and Article 65(1)),

- Executors of wills or administrators of the estate who need to invoke their status in another Member State.

Creditors of the succession or the creditors of an heir may not apply for the issue of an ECS.

The status of the applicant must be examined in light of the law applicable to the succession.

The applicant must provide evidence (originals or certified copies) of their status and of the rights they claim to have in the assets of the estate as beneficiary, administrator or executor (Article 66).

## Note

We should point out that it is not necessary for the heirs to have accepted the succession in order to apply for an ECS, and that the application for an ECS does not constitute acceptance of the succession.