The certificate of inheritance evidences the heir's status and the scope of the right of inheritance. This article explains when a certificate of inheritance is required, how to apply for one, and what alternatives exist.
What Is a Certificate of Inheritance?
The certificate of inheritance (Erbschein) is an official certificate issued by the probate court that evidences a person's status as heir and the scope of the right of inheritance (§ 2353 BGB). As a public document, it creates a presumption of correctness: anyone identified as an heir in the certificate is deemed to be the heir in legal transactions (§ 2365 BGB).
When Is a Certificate of Inheritance Needed?
A certificate of inheritance is required in particular in the following situations:
- Land register correction: To transfer the land register entry to the heir. Exception: Where a notarial will with an opening protocol exists, the land registry may waive the requirement for a certificate of inheritance.
- Banking transactions: Banks regularly require proof of inheritance to release the deceased's accounts. A notarial will with an opening protocol is also accepted by many banks.
- Commercial register: To transfer company participations.
- Vehicle re-registration: To transfer vehicle registrations.
- Insurance: To disburse insurance benefits.
Who May Apply for a Certificate of Inheritance?
Any heir is entitled to apply — both sole heirs and co-heirs. In the case of co-heirs, either a joint certificate of inheritance or a partial certificate for the respective co-heir's share may be applied for.
Where Is the Application Filed?
The application is filed with the probate court (Amtsgericht) at the deceased's last place of residence. Alternatively, the application may be submitted through a notary. The costs are identical in both cases.
Required Information and Documents
The following information and documents are required for the application:
- Death certificate of the deceased
- Details of the heirs and their family relationship to the deceased
- Civil status certificates (birth certificates, marriage certificates)
- Information about wills or inheritance contracts (if known)
- Statutory declaration regarding the accuracy of the information
- Information about any disclaimers of inheritance
Procedure for Obtaining a Certificate of Inheritance
Filing the Application
The application for a certificate of inheritance may be filed at the probate court for the record or through a notary. The applicant must provide the required information and submit a statutory declaration.
Review by the Probate Court
The probate court reviews the information and may conduct further investigations. It may hear other parties involved. In the case of intestate succession, the civil status certificates are used to verify whether the claimed heir status is correct. In the case of testamentary succession (will, inheritance contract), the testamentary document is interpreted.
Issuance of the Certificate of Inheritance
Once the requirements are met, the probate court issues the certificate of inheritance. Processing times vary depending on complexity and court workload. Simple cases may take several weeks; more complex cases may take several months.
Alternatives to the Certificate of Inheritance
Notarial Will with Opening Protocol
Where a notarial will or notarial inheritance contract exists, presentation of the certified copy together with the probate court's opening protocol suffices in many cases. This applies in particular to:
- Land register corrections (§ 35 Abs. 1 GBO)
- Banking transactions (many banks accept this)
- Commercial register entries
European Certificate of Succession
For inheritance cases with a cross-border element, the European Certificate of Succession may be applied for under the EU Succession Regulation. It is valid in all EU Member States (except Denmark and Ireland).
Power of Attorney Extending Beyond Death
If the deceased granted a transmortale Vollmacht (power of attorney extending beyond death) during their lifetime, the authorised representative may act even after death without waiting for a certificate of inheritance. This can considerably accelerate the administration of the estate.
Costs
The costs for the certificate of inheritance are based on the estate value (net assets of the deceased). A 1.0 fee under the GNotKG applies. A further 1.0 fee is incurred for the statutory declaration.
Example: For an estate value of 200,000 euros, the total costs for the certificate of inheritance and statutory declaration amount to approximately 870 euros.
This underscores the practical advantage of a notarial will: the costs of notarial execution during the testator's lifetime are frequently lower than the costs of a certificate of inheritance in the event of death.
