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Forms:
Online procedure possible:
Written form required: no
Personal appearance required

• for application: no
• for affidavit: yes

If the deceased person did not leave a will and did not conclude an inheritance contract, intestate succession applies. In many cases, you will need proof of your right to inherit.

The sole heir certificate testifies that you alone are the legal successor to the deceased. With this certificate, you can, for example, gain access to a bank account of the deceased person or you can apply for entries in the land register.

You can only apply for a sole heir certificate if you are the sole heir.

• Identity card or passport
• Death certificate of the decedent
• Documents documenting the status as legal heir, for example:
  • Family record book
  • Birth certificate
  • Marriage certificate
• Information on whether there is a lawsuit concerning your right of inheritance
• Evidence as to why certain persons who would actually be (co-)heirs are not heirs, for example:
  • Death certificates
  • Declarations of heirship
  • Declarations of renunciation of inheritance
• If applicable, wills or contracts of inheritance or at least details thereof, for example in the case of special official safekeeping
• in the case of married couples: Proof of matrimonial property regime
• in the case of registered partnerships: Proof of asset status

• The amount of the fees depends on the value of the estate after deduction of the decedent's debts.
• For example, the issuance of a sole certificate of inheritance by the probate court costs
  • for an estate value of EUR 30,000 EUR 125.00,
  • for an estate value of EUR 100,000 EUR 273.00 and
  • for an estate value of EUR 500,000 EUR 935.00.
• In addition, you must pay fees in the same amount for the certification of an affidavit at the probate court or with a notary public. If applicable, clerical expenses and value-added tax must also be added.

• Table of fees: Court and Notary Fees Act (GNotKG) Annex 2 (to Section 34 (3))

You must apply for a certificate of sole inheritance at the competent probate court (local court):

• Make an informal application there for a certificate of sole inheritance and attach all the necessary documents.
• Alternatively, you can submit the application via an authorized person, such as a notary public or a lawyer, or declare it in court for the record.
• Make an affirmation in lieu of an oath in person before the local court or before a notary public. In doing so, you affirm that you are not aware of anything that contradicts the correctness of the information you have provided in the application for a certificate of inheritance.
  • This is not necessary if the local court waives it.
  • If a notary certifies the affirmation in lieu of oath, this person can certify the application for a certificate of inheritance at the same time.
• The local court checks your eligibility and issues the certificate of inheritance.

You do not have to meet any deadlines.

The local court (probate court) in whose district the deceased had their last habitual residence at the time of death has jurisdiction. In addition, any local court in whose district the applicant had his/her habitual residence may be responsible for filing the application by way of legal assistance.

• You can find the competent court here.

The locally competent district court.

• §§ Sections 2353 to 2370 of the German Civil Code (BGB)
• §§ Sections 352 to 352 e of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

• Information brochure from the Federal Ministry of Justice and Consumer Protection on inheritance and bequests
• Specialist articles on inheritance law on the website of the Federal Ministry of Justice and Consumer Protection

Federal Ministry of Justice and Consumer Protection