Leistungen A-Z

Forms are not required.

If the probate court learns that the heir listed in the certificate of inheritance is not the deceased's real heir, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The withdrawal of the certificate of inheritance can also be requested from the court by the actual heir or the actual heiress.

There is a sole heir certificate and this shows a person as an heir who is not an heir.

The procedure is carried out ex officio by the probate court. If you apply for such proceedings, the following documents will be helpful:

• Your identity card or passport,
• the death certificate of the deceased person (testator),
• the family record book to document the relationship,
• Information on whether there is a lawsuit concerning your inheritance rights,
• Names and addresses of the co-heirs,
• Proof of the reason why certain persons who would actually inherit are no longer heirs, e.g. their death certificates, declarations of inheritance or waivers of inheritance,
• wills or inheritance contracts, if applicable,
• the matrimonial property regime (in the case of married couples) or the asset status (in the case of registered civil partnerships).

The court shall determine the costs of the court proceedings regarding the withdrawal of the certificate of inheritance in accordance with Section 353 para. 2 sentence 1 FamFG. The amount of the costs is determined by the amount in dispute, which is calculated on the basis of the value of the estate less the debts.

• § 353 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
• Gebührentabelle: Gerichts- und Notarkostengesetz (GNotKG) Anlage 2 (zu § 34 Absatz 3)

The local court examines ex officio or upon application whether the certificate of inheritance is to be withdrawn due to incorrectness.

none

The district court (probate court) in whose district the deceased had his or her last habitual residence at the time of death has jurisdiction. In addition, any local court in whose district the applicant has his/her habitual residence may have jurisdiction by way of mutual legal assistance.

• The competent court can be found here.

The locally competent district court.

• § 2361 Bürgerliches Gesetzbuch (BGB)
• § 353 Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

Ministry of Justice of Lower Saxony