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Forms are not required.

When a testator dies, he usually leaves not only one heir, but several. These heirs become part of the so-called community of heirs at the time of inheritance. The estate is only divided among the individual heirs in accordance with the agreements made after the inheritance has been divided.

In principle, each individual co-heir can apply for a certificate of inheritance with which he or she can prove to third parties that he or she is the rightful heir. If, however, the community of heirs wishes to act jointly and to deal with banks, insurers and the land registry, a joint certificate of inheritance is often necessary.

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

The certificate of inheritance issued to the previous heirs must state that a succession to the inheritance 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) (limited certificate of inheritance) may be issued by the probate court on application if the estate also includes property located abroad. A limited certificate of inheritance should be applied for if this speeds up the procedure for issuing the certificate of inheritance (e.g. because no foreign inheritance law has to be ascertained), or because the certificate of inheritance is not required abroad and costs can be saved by the restriction.

• Section 352c of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

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

• Your identity card or passport,
• the death certificate of the deceased person (testator),
• the family register to document your 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),
• proof that objects of the estate are located abroad.

• The fees for a certificate of inheritance are governed by the German Law on Court and Notarial Fees (Gerichts- und Notarkostengesetz, GNotKG) and are based on the value of the estate after deduction of debts.
• In addition to the fee for the issue of a certificate of inheritance, costs for affidavits and notary fees may be incurred - plus statutory VAT.

• Table of fees: Court and Notary Costs Act (GNotKG) Annex 2 (to § 34 paragraph 3)

After you have applied for the certificate of inheritance, the local court checks the eligibility and issues the certificate of inheritance.

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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

• Section 352b of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
• § 2100 German Civil Code (BGB)
• §§ 2353 – 2370 German Civil Code (BGB)

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

Ministry of Justice of Lower Saxony