Applying for a certificate of sole inheritance due to legal succession

You must apply for a certificate of sole inheritance at the competent probate court (local court):

• Submit an informal application there for a certificate of sole inheritance and attach all the necessary documents.
• Alternatively, you can submit the application via an authorized person, such as a notary or lawyer, or you can make a statement for the record at court.
• Make an affidavit in person before the local court or before a notary. In doing so, you confirm that you are not aware of anything that contradicts the accuracy of the information you have provided in the application for a certificate of inheritance.
  • This is not necessary if the local court waives this requirement.
  • If a notary notarizes the declaration in lieu of an oath, this person can also notarize the application for a certificate of inheritance.
• The local court will check your entitlement and issue the certificate of inheritance.

You can only apply for a sole heir certificate if you are the sole heir.

• Identity card or passport
• Death certificate of the deceased
• Documents documenting the status as legal heir, for example
  • Family register
  • birth certificate
  • Marriage certificate
• Information on whether there is a lawsuit regarding your inheritance rights
• Proof of why certain persons who would actually be (co-)heirs are not heirs, for example:
  • Death certificates
  • Declarations of inheritance
  • Declarations of renunciation of inheritance
• if applicable, wills or inheritance contracts or at least details thereof, for example in the case of special official custody
• for married couples: Proof of the matrimonial property regime
• for registered civil partnerships: Proof of property status

• The amount of the fees depends on the value of the estate after deduction of the deceased's debts.
• The issuing of a sole certificate of inheritance by the probate court costs, for example
  • for an estate value of EUR 30,000 EUR 125.00,
  • EUR 273.00 for an estate value of EUR 100,000 and
  • EUR 935.00 for an estate value of EUR 500,000.
• In addition, you will have to pay fees of the same amount for the notarization of an affidavit at the probate court or with a notary. You may also have to pay writing expenses and VAT.

• Table of fees: Court and Notary Fees Act (GNotKG) Annex 2 (to Section 34 (3))

You do not have to meet any deadlines.

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

• Appeal
• Application for revocation of the certificate of inheritance

Forms:
Online procedure possible:
Written form required: no
Personal appearance required:

• for application: no
• for declaration in lieu of an oath: yes

15.11.2021