Apply for a limited joint partial inheritance certificate as a pre- or post-inheritance

Prerequisites

There are co-heirs and they would like to apply for a joint inheritance certificate and the testator has ordered a pre- and post-inheritance in a last will and testament (will or inheritance contract) and the estate items are located both in Germany and abroad. However, not all co-heirs are available to apply.

Documents required

• Official photo ID, for example your ID card or passport
• Death certificate of the testator (deceased person from whom the inheritance is to be inherited)
• Family register to document relatives
• Information about whether there is a process regarding your inheritance law
• Names and addresses of the co-heirs
• Evidence of the reason why certain people who would actually inherit are no longer heirs, for example their death certificates, declarations of renunciation of inheritance or inheritance waiver
• All existing wills or inheritance contracts
• The marital property regime (for married couples) or the asset status (for registered civil partnerships)
• Evidence that estate items are located abroad

Please note

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

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 certificate of inheritance at the responsible probate court (usually the local court in whose district the deceased last lived):

• Submit an application for a certificate of inheritance
• Please use the form provided.
• Attach all required documents.
• The application for a certificate of inheritance must only be submitted by one co-heir.
• 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.
• 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 notarization of an affidavit at the probate court or at a notary public.


• In addition, there may be additional costs for writing 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)


• § 2011 German Civil Code (BGB)


• 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)