Leistungen A-Z

Forms are not required.

If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the deceased, 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 confiscation of the certificate of inheritance can also be initiated by the real heir or the real heiress at court.

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

The proceedings are conducted ex officio by the probate court. If you request such proceedings, the following documents are 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,
• names and addresses of co-heirs,
• evidence of the reasons why certain persons who would actually inherit are no longer heirs, for example, their death certificates, letters testamentary or declarations of renunciation of inheritance,
• if applicable, wills or inheritance contracts,
• the matrimonial property regime (in the case of married couples) or the property status (in the case of registered civil partnerships).

The court shall determine the costs of the court proceedings on the revocation of the certificate of inheritance in accordance with section 353 (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.

• Section 353 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
• Table of fees: Court and Notary Costs Act (GNotKG) Annex 2 (to § 34 paragraph 3)

The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on the grounds of incorrectness.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.

• Section 2361 of the German Civil Code (BGB)
• Section 353 of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

• Information brochure of the Federal Ministry of Justice on inheritance and bequest

Ministry of Justice of Lower Saxony