Apply for a sole inheritance certificate based on legal succession

Prerequisites

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

Documents required

To prove your status as an heir in the case of legal succession (if there is no will or inheritance contract), you must submit various documents. This involves documenting all events in your family that are relevant to inheritance law and that relate to the testator. These can include marriage, divorce, births of children, deaths, renunciations of inheritance and the like. If you are not sure which documents you must submit, you can ask the responsible probate court.

• Your official photo ID (identity card or passport)
• Death certificate of the testator (deceased person)
• Documents to document the status as legal heir, for example:
  • Family register
  • Marriage certificates of the deceased
  • Birth certificates of the testator’s children and grandchildren
  • Adoption documents
  • Divorce decrees with legal force
• Evidence why certain persons who would actually be (co-)heirs are not heirs, for example:
  • Death certificates of children and grandchildren or spouses of the deceased
  • Declarations of renunciation of inheritance
  • Declarations of renunciation of inheritance
• Information on whether there is a court case regarding your inheritance rights
• For married couples, proof of marital property status
• In the case of registered civil partnerships, proof of assets

If the testator had no children, the following must be submitted:

• Birth certificate of the testator
• If applicable, death certificates of the testator’s parents
• If applicable, birth certificates of the testator’s siblings
• If applicable, death certificates of the testator’s siblings
• If applicable, birth certificates of the testator’s nieces and nephews

In addition, marriage certificates of heirs must be submitted if their surname has changed as a result of the marriage.

Please note

Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

You apply for a certificate of sole heir at the responsible probate court (usually the court in whose district the deceased last lived):

• Submit an application there for the issuance of a sole heir certificate.
• Please use the form provided.
• Attach all required documents.
• Alternatively, you can submit the application through an authorized person, such as a notary or a lawyer, or have it recorded in court.
• Make a declaration in person before the district court or before a notary public, confirming that you are not aware of anything that would contradict the accuracy of the information you have provided in the application for a certificate of inheritance.
  • This is not necessary if the district court waives it.
  • If a notary certifies the declaration under oath, this person can at the same time certify the application for a certificate of inheritance.
• The local court checks your eligibility and issues the certificate of inheritance.

Processing time

The processing time depends on the complexity of the inheritance case and the respective local court.

Fees

• The amount of the fees depends on the value of the estate after deducting the debts of the testator.


• For example, the issuing of a certificate of sole heir by the probate court costs
  
  
  
  • for an estate value of EUR 30,000 EUR 125.00,
  
  
  • for an estate value of EUR 100,000 EUR 273.00 and
  
  
  • for an estate value of EUR 500,000 EUR 935.00.
  
  


• In addition, you must pay fees of the same amount for the notarization of an affidavit at the probate court or at a notary. In addition, there may be clerical expenses and sales tax.


• Applicants residing abroad are required to pay an advance on costs.

Legal remedies

Complaint




If there are conflicting interests in the inheritance certificate procedure before the probate court, the probate court may not issue the certificate of inheritance immediately. The district court issues a decision in which it states that it considers the facts necessary to justify the application for a certificate of inheritance to have been established. According to Sections 58 and 63 FamFG, those involved then have the opportunity to lodge a so-called appeal against this decision within a period of one month. The certificate of inheritance will only be issued if no one has lodged a complaint against the probate court's decision after the one-month period has expired and the decision has therefore become legally binding. In addition, according to Section 59 FamFG, the person who was unable to convince the probate court with their arguments in the inheritance certificate procedure and whose rights are thereby impaired can file a complaint.



challenge




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


Heirs can then only avert the inheritance by contesting the acceptance of the inheritance. However, a reason must be proven that justifies the challenge (for example certain errors).


It is recommended that you seek legal advice from a lawyer. The district court is not allowed to provide legal advice.



Application for confiscation of the certificate of inheritance

Legal basis

• §§ 2353 to 2370 German Civil Code (BGB)


• Sections 352 to 352 e of the Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• Fee table: Court and Notary Fees Act (GNotKG) Annex 2 (to Section 34 Paragraph 3)