# Competence to issue an ECS

Competence to issue the certificate is explained in Article 64 and Article 78 of the Regulation

The ECSmay be established and issued by:

- a court as defined in Article 3(2),

- another authority which, under national law, has competence to deal with matters of succession.

Not all issuing authorities of the European Union have competence to issue an ECS for a given succession. Only the following will have competence:

- The issuing authority of the State of the habitual residence of the deceased,

- in the case of a choice of law, the issuing authority of the chosen national law,

exceptionally:

- We should note the subsidiary jurisdiction of the Member State bound by the Regulation in which any immovable property is located (Article 10)

- Case of forum necessitatis: if no court of a Member State is competent, or if the procedure is impossible in a third State or in a Member State not bound by the Regulation with which the case is closely connected, then the authority of the Member State bound by the Regulation which is most closely connected will have competence (Article 11).