Granting a sole certificate of inheritance with limited objectivity

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

There is an inheritance position 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 items of the estate are 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.

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

Appeal

If there are conflicting interests in the certificate of inheritance proceedings before the probate court, the probate court may not grant the certificate of inheritance immediately. The local court issues an order in which it states that it considers the facts required to justify the application for a certificate of inheritance to have been established.

Pursuant to Sections 58 and 63 FamFG, the parties involved then have the opportunity to lodge an appeal against this decision within a period of one month.

The certificate of inheritance is only issued if no one has lodged an appeal against the probate court's decision after the one-month period has expired and the decision has thus become legally binding.

In addition, pursuant to Section 59 FamFG, a person who was unable to convince the probate court with their arguments in the certificate of inheritance proceedings and whose rights have been impaired as a result can lodge an appeal.

Contestation

By applying for a certificate of inheritance, the inheritance is automatically deemed to have been accepted - it is then no longer possible to contest the inheritance.

Heirs can then only avoid the inheritance by contesting the certificate of inheritance. However, a reason for contesting must be proven. In principle, only the person who would benefit from a contestation may contest a certificate of inheritance. It is recommended that you seek legal advice from a lawyer.

Sole heir certificates: These can only be contested by sole heirs.

Partial certificates of inheritance and joint certificates of inheritance: Every heir within the community of heirs is entitled to contest the certificate.

• § Section 58 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
• § Section 59 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)
• § Section 63 of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (FamFG)

Forms are not required.

24.06.2021