Apply for a joint partial inheritance certificate based on a will

Prerequisites

There are co-heirs due to testamentary succession and they would like to apply for a joint inheritance certificate. However, not all co-heirs are available to apply, for example because they are not known.

Documents required

• Official photo identification e.g. your ID card or passport
• Death certificate of the testator (deceased person from whom the inheritance is inherited)
• All wills or inheritance contracts
• 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
• The marital property regime (for married couples) or the asset status (for registered civil partnerships)

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.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No.

Procedure

You apply for a joint partial 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 affidavit 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

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 district court issues a decision stating that it considers the facts necessary to substantiate 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)