Leistungen A-Z

Forms are not required.

When a testator dies, they usually leave behind not just one heir, but several. These become part of the so-called community of heirs upon inheritance. The estate is only divided among the individual heirs in accordance with the agreements made once the estate has been settled.

In principle, each individual co-heir can apply for a certificate of inheritance with which they can identify themselves to third parties as the rightful heir. However, if the community of heirs wishes to act jointly and deal with banks, insurers and the land registry, a joint certificate of inheritance is often required.

The order and duration of use of the estate is determined by the arrangement of a prior and subsequent inheritance in the will. The testator appoints a person as a prior heir who can use the inheritance for a certain period of time. The subsequent heir only becomes the testator's heir when the prior inheritance ends.

The certificate of inheritance issued to the prior heirs must state that a subsequent succession has been ordered, the conditions under which it occurs and who the subsequent heir is.

A certificate of inheritance limited to the deceased's assets located in Germany (estate) can be issued by the probate court upon application if the estate also includes items located abroad. A restricted certificate of inheritance should be applied for if it speeds up the procedure for issuing the certificate of inheritance (e.g. because no foreign inheritance law has to be determined) or because the certificate of inheritance is not required abroad and the restriction can save costs.

• § 352c Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

There are co-heirs and they would like to apply for a joint certificate of inheritance and the testator has arranged for a prior and subsequent inheritance in a last will and testamentary disposition and estate items are located both in Germany and abroad.

• 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),
• Proof that the estate is located abroad.

• The fees for a certificate of inheritance are regulated in the German Court and Notary Fees Act (GNotKG) and are based on the estate value after deduction of debts.
• In addition to the fee for issuing a certificate of inheritance, there may be costs for declarations in lieu of an oath and notary fees - plus statutory VAT.

• Gebührentabelle: Gerichts- und Notarkostengesetz (GNotKG) Anlage 2 (zu § 34 Absatz 3)

After you have applied for the certificate of inheritance, the local court will check your entitlement and issue the certificate of inheritance.

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.

§ 2353 BGB + §§ 352 - 352e FamFG

• § 352b Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)
• § 2100 Bürgerliches Gesetzbuch (BGB)
• §§ 2353 – 2370 Bürgerliches Gesetzbuch (BGB)

Lower Saxony Ministry of Justice