Landungsbrücken

Confiscation of a joint certificate of inheritance

If it later turns out that the heirs named in the certificate of inheritance are not the real heirs, the certificate of inheritance can be withdrawn.

Important notes

Prerequisites

There is a joint certificate of inheritance and this identifies persons as heirs who are not heirs.

Documents required

  • The procedure is carried out ex officio by the probate court. If you apply for such a procedure, the following documents are helpful:
  • Official photo ID, for example your identity card or passport,
  • the death certificate of the deceased person (testator)
  • the family register for documenting kinship
  • Information on whether there is a lawsuit regarding your inheritance rights
  • Names and addresses of co-heirs
  • Evidence of the reason why certain persons who would actually inherit are no longer heirs, for example their death certificates, declarations of renunciation or waiver of inheritance
  • if applicable, wills or inheritance contracts
  • the marital property regime (for married couples) or the asset status (for registered civil partnerships)

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 & Fees

Procedure

The local court examines ex officio or upon application whether the certificate of inheritance should be withdrawn due to inaccuracy.

Processing time

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

Fees

The amount of the costs of the legal proceedings for the confiscation of the certificate of inheritance is determined by the value of the estate less debts.

Service description

If the probate court learns that the heirs listed in the certificate of inheritance are not the real heirs of the testator, it must revoke the certificate of inheritance ex officio. The certificate of inheritance then becomes invalid and the supposed heirs listed in this incorrect certificate of inheritance can no longer jointly dispose of the estate. The real heir can also request the court to revoke the certificate of inheritance.

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