Apply for a community minimum share certificate

Prerequisites

There are co-heirs and they would like to apply for a joint inheritance certificate. However, not all co-heirs are available to apply. Since there are other heirs who have not yet been identified, the established heirs can (only) be shown a minimum inheritance share of the inherited assets in the inheritance certificate.

Documents required

• 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
• If applicable, wills or inheritance contracts
• 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

Only one of the co-heirs must submit the application for a certificate of inheritance.

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.

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

Deadlines

No.

Procedure

You apply for a joint minimum share inheritance certificate at the responsible probate court (usually the court in whose district the deceased last lived):

• Submit an application for a certificate of inheritance
• To do so, use the online service "Make an appointment to submit an application for a certificate of inheritance". Using the online service, you can submit an application for an appointment to submit an application for a certificate of inheritance to the probate court responsible for you.
• Alternatively, you can also use the form provided.
• Attach all required documents.
• The application for a certificate of inheritance must only be submitted by one co-heir.
• You can also submit the application through an authorised person, such as a notary or a lawyer, or have it recorded in court.
• The district court will contact you to arrange an appointment.
• Make a personal sworn statement at the appointment before the district court or before a notary. This confirms that you are not aware of anything that would contradict the accuracy of the information you 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.
• After you have applied for the certificate of inheritance, the local court will check your eligibility and issue 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 (inherited assets) after deducting the debts of the testator (deceased person).

• For example, the issuing of a certificate of inheritance 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
  
  
  • for an estate value of EUR 500,000 EUR 935.00
  
  


• In addition, you must pay fees of the same amount for the certification of an affidavit at the probate court or at a notary public


• In addition, there may be writing expenses and sales tax


• Applicants residing abroad may be 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 inheritance certificate immediately.


The local court issues a decision stating that it considers the facts necessary to justify the application for a certificate of inheritance to have been established.


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


The certificate of inheritance will only be issued if, after the expiry of the one-month period, no one has lodged an appeal against the decision of the probate court and the decision has thus become final and binding.


In addition, according to Section 59 FamFG, a person who was unable to convince the probate court with his or her arguments in the inheritance certificate procedure and whose rights are thereby impaired can file an appeal.





Challenge




By applying for the certificate of inheritance, the inheritance is automatically considered accepted – renouncing the inheritance is then no longer possible.


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


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




In the case of partial and joint inheritance certificates, each heir within the community of heirs is entitled to contest the certificate.

Legal basis

• §§ 2353 – 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)


• § 58 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• § 59 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• § 63 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)