Inheritance certificate procedure

After an inheritance and the will has been opened, a procedure has a special meaning for heirs: the inheritance certificate procedure. The certificate of inheritance, which is issued at the end of the procedure, enables heirs to officially take over and manage the inheritance of a deceased person.

Inheritance procedure before the district court

In order to receive a certificate of inheritance, an eligible person must initiate the certificate of inheritance process. This is done by submitting an application for a certificate of inheritance to the local court as the probate court. The local court of the place where the testator last had his or her place of residence is responsible for the inheritance certificate procedure. If the testator was a German citizen but had his last place of residence abroad, the Berlin-Schöneberg District Court is the responsible probate court.

Different people can submit the application, e.g. heirs, but also an executor. Since legatees and those entitled to a compulsory portion are not heirs, they cannot apply for a certificate of inheritance.

The application can be submitted informally to the probate court for the record. Alternatively, it is possible to submit the application to a notary anywhere in Germany.

Meaning of the certificate of inheritance

The certificate of inheritance is of enormous importance for heirs: it is the legal basis for actually accepting and managing the inheritance. The certificate of inheritance serves as legitimation of the heir(s) in legal transactions. It is therefore very important that potential heirs initiate the inheritance certificate process as soon as possible with the inheritance certificate application in order to be able to act as quickly as possible.

It is important to know here: Anyone who initiates the inheritance certificate process as an heir can no longer refuse the inheritance. With this application, the inheritance is considered accepted.

Content of the inheritance certificate application

The inheritance certificate application must include, among other things:

• Business sign
• Time of death of the testator
• last habitual residence and nationality of the testator
• Basis for the status of heir (will, legal succession)
• Statement of the testator’s dispositions upon death
• Information about the pending litigation regarding his inheritance law
• size of his inheritance

Documents must also be attached to the application as originals or officially certified copies, including these:

• Will or inheritance contract
• Marriage certificates (if available)
• Identity card or passport of the heir
• Birth certificate of the heir
• Death certificate of the testator

Types of inheritance certificates

The application can refer to different forms of the inheritance certificate. A certificate of inheritance for sole heirs can be applied for as a single inheritance certificate or as a partial inheritance certificate for co-heirs/heirs of a community of heirs. It is also possible for an heir to apply for a joint inheritance certificate for all heirs, which also includes the respective share of the inheritance. Last but not least, it is possible to apply for a limited certificate of inheritance if parts of the estate are located in Germany and abroad.

If several people inherit together, it is possible for each co-heir to apply for a certificate of inheritance for themselves or for a joint certificate of inheritance to be applied for, which is often more cost-effective. Co-heirs should agree on this.

Notarial will instead of certificate of inheritance and certificate of inheritance procedure?

In principle, it is also possible for the heirs to legitimize themselves as heirs with a notarized will. Unfortunately, it is often the case that authorities or banks – wrongly – insist on a certificate of inheritance. Particularly in the case of large estates, a certificate of inheritance is recommended for smooth processing.

Checking the status of heirs in the inheritance certificate procedure

Once the application for a certificate of inheritance has been made, the probate court uses the information and documents to check whether the applicant is actually the heir of the deceased. If the documents are not sufficient to reliably determine the applicant’s heir status, the court can request further documents or even interview witnesses.

The probate court also informs other parties involved (heirs/those entitled to a compulsory portion, etc.) about the application so that they can raise objections if necessary. If these people do not raise any objections to the application, the probate court will issue the requested certificate of inheritance.

If objections are raised, the probate court must examine them carefully. The inheritance certificate process often helps to clarify controversial points. This can, for example, be about the effectiveness of a will (formal errors, inability to testate, authenticity of a will, etc.). This means that the inheritance certificate process is often the beginning of inheritance disputes.

Duration of the inheritance certificate process

It is not possible to say in general terms how long the inheritance certificate process will take. If the inheritance law situation is clear and other parties involved in the inheritance certificate process do not raise any objections to an application for a certificate of inheritance, a certificate of inheritance can be issued relatively quickly, i.e. within a few weeks.

However, if there are legal disagreements between heirs during the inheritance certificate process, the inheritance certificate process can take a lot of time and may take months or years.

Confiscation of the inheritance certificate

Once a certificate of inheritance has been issued for one or more people, it does not make it easy for the true heirs. They cannot prove that they are the true heirs. In a first step, you must apply for the confiscation of the existing certificate of inheritance, giving reasons. In a second step, you can submit your own application for a certificate of inheritance.