Administrative services A-Z

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 joint certificate of partial inheritance is issued for the inheritance rights of several, but not all, co-heirs at the request of a co-heir, for example if a co-heir has emigrated and is therefore unavailable.

The order and duration of the use of the estate are determined by the arrangement of a preliminary and subsequent inheritance in the will. The testator appoints one person as a pre-heir, who can use the inheritance 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 arranged, the conditions under which it occurs and who the successor is.

There are co-heirs and they would like to apply for a joint certificate of inheritance and the testator has made a testamentary disposition for a preliminary and subsequent inheritance. However, not all co-heirs are available to apply.

• 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).

• 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.

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

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

Ministry of Justice of Lower Saxony