Collecting a single heir certificate

The local court examines ex officio or upon application whether the certificate of inheritance is to be withdrawn due to incorrectness.

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

The proceedings are conducted ex officio by the probate court. If you apply for such proceedings, the following documents will be 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 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).

The court shall determine the costs of the court proceedings regarding the withdrawal of the certificate of inheritance in accordance with Section 353 para. 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 Non-Contentious Jurisdiction (FamFG)
• Table of fees: Court and Notary Fees Act (GNotKG) Annex 2 (to Section 34 (3))

none

The processing time depends on the complexity of the inheritance case.

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

An appeal may be lodged against the confiscation order.

• § Section 353 (3) of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

Forms are not required.

24.06.2021