Apply for an inheritance certificate: procedure, costs & important tips

The most important things at a glance

A certificate of inheritance confirms the status of the heir and regulates the estate order.
It is required when there is no notarial will.
Banks, authorities and land registries often require a certificate of inheritance.
Alternatives include notarial wills or internal bank powers of attorney.
The application is submitted to the probate court with certain documents.
The costs depend on the estate value and court fees.
Processing usually takes 4 to 12 weeks.
A certificate of inheritance can be contested or revoked in the event of disputes.

What is a certificate of inheritance and when is it needed?

The Certificate of Inheritance is an official document issued by the probate court. It confirms the Inheritor and states who may dispose of the deceased's estate as the legal heir.

When is a certificate of inheritance necessary?

A certificate of inheritance is required if:

There is no final will (will or contract of inheritance).
Banks or authorities require proof of heir status.
Real estate or land must be transferred to the heirs (land registry office).
Heirs must identify themselves as eligible successors vis-à-vis third parties.

When can a certificate of inheritance be waived?

A certificate of inheritance is often not required if:

There is a notarial will or inheritance contract that clearly names the heirs.
Banks or insurance companies accept other proofs.
These are small assets that can be transferred without a certificate of inheritance.

Alternative evidence of heir status

Notarial will with opening minutes
Inheritance contract with court confirmation
Internal bank powers of attorney or account disposal authorizations

Who can apply for a certificate of inheritance?

An inheritance certificate can only be applied for by those who have a legitimate interest have at the estate. These include legal and testamentary heirs and, in certain cases, estate administrators or creditors.

Statutory and testamentary heirs

Statutory heirs: If there is no will, the succession is governed by the Civil Code (BGB). This includes:
- Spouses or registered partners
- Children and grandchildren
- Parents, siblings and other relatives depending on the hereditary order
Testamentary heirs: If there is a will or an inheritance contract, the testator himself determines who inherits. These persons can also apply for a certificate of inheritance if the will is not notarized or if there is anything unclear.

Co-heirs and communities of heirs

Are there several people in a Community of heirs, any co-heir can apply for a certificate of inheritance.
As a rule, a joint inheritance certificate is issued for all heirs.
Alternatively, a Partial certificate which only confirms the respective applicant's share of inheritance.

Special cases: Succession in the case of minor heirs

If an heir is a minor, can the legal representative (parents or guardians) apply for a certificate of inheritance.
In certain cases, this can Family Court require approval, particularly when it comes to larger assets.
If there is no legal representative, a Appointed guardian, who can file the application on behalf of him.

What types of inheritance certificates are there?

Depending on the inheritance constellation and succession, there are different types of inheritance certificates. Choosing the right certificate of inheritance is crucial in order to regulate the estate in a legally secure manner.

Individual and joint inheritance certificate

Individual inheritance certificate: Issued when only one person assumes the entire estate as sole heir.
Joint inheritance certificate: Used for a Community of heirs issued and shows all co-heirs and their respective shares in the estate.

Partial inheritance certificate and inheritance certificate

Partial certificate: Is applied for by an individual co-heir in order to prove only his own share of inheritance.
Inheritance certificate: Similar to the parts certificate, but with precise information about the percentage share on inheritance.
Partial inheritance certificates are particularly relevant when co-heirs cannot agree or the estate covers several countries.

European inheritance certificate for cross-border estates

Required if the deceased has left assets in other EU countries.
It makes it easier Recognition of heir status within the EU, so there is no need to submit an additional application in each individual country.
The probate court of the country in which the deceased last habitual residence had.

Where and how do you apply for a certificate of inheritance?

An application for a certificate of inheritance is made at competent probate court, requires specific documents and follows an established procedure.

Competent probate court

The application must be submitted to probate court be placed of the deceased's last place of residence.
In Germany, the probate courts are district courts settled.

Necessary documents and documentation

The following documents are required for the application:
death certificate of the testator

ID card or passport of the applicant
Evidence of heir status (e.g. will with opening protocol, inheritance contract or proof of parentage)
Affidavitthat no other persons entitled to inheritance are known
If necessary: Inheritance waivers from other potential heirs

Proceedings of the inheritance certificate procedure

Submitting an application: In person at the probate court or through a notary.
Verification of documents: The court reviews the succession on the basis of the documents submitted.
Hearing potential co-heirs: If anything is unclear, other potential heirs can comment.
Issuance of a certificate of inheritance: As soon as all requirements are met, the court issues the certificate of inheritance.

Duration until the certificate of inheritance is issued

The processing time is usually 4 to 12 weeks, but may be extended if the succession is unclear or documents are missing.

Costs and fees for the inheritance certificate application

The application for a certificate of inheritance is subject to Court and, if applicable, notary fees connected. The amount of the fees depends on the value of the estate.

How are the fees calculated?

The costs of the inheritance certificate are calculated according to Court Costs Act (GnotKG) calculated.
The decisive factor is Net discount value — that is, the property of the testator minus existing liabilities.
In addition to Court costs for the inheritance certificate application Is there an additional Affidavit fee on.

Court fee schedule

The amount of fees increases with the discount value and follows a established fee schedule.
The exact calculation can be carried out depending on individual succession and court decisions vary.

In order to obtain an initial estimate of the costs, a notary or lawyer be involved.

Nachlasswert	Gerichtsgebühr	Gesamtkosten bei Antragstellung beim Nachlassgericht
10.000 €	75 €	150 €
50.000 €	165 €	330 €
110.000 €	273 €	546 €
200.000 €	435 €	870 €
500.000 €	935 €	1.870 €
1.000.000 €	1.735 €	3.470 €
1.500.000 €	2.535 €	5.070 €
2.000.000 €	3.335 €	6.670 €

Additional costs (notary fees, expert opinion, lawyer)

Is the application for a notary placed, additional Notarization fees on.
In complicated cases (e.g. unclear succession), a legal opinion be necessary, which causes further costs.
Legal advice is optional but helpful in inheritance disputes.

Options for covering or reducing costs

With low income Can a legal aid be requested.
Instead of a certificate of inheritance, some banks accept a notarial will or a power of attorney, which eliminates the costs of inheritance.

Deadlines and time frame when applying for an inheritance certificate

The application for a certificate of inheritance should promptly be provided, especially when the estate needs to be settled or managed quickly. However, there are legal deadlines to be observed.

By when do you have to apply for a certificate of inheritance?

There is no legal deadline, within which a certificate of inheritance must be applied for.
However, late application may result in third parties (e.g. banks or authorities) not approving the estate.
If the heir does not assert his rights for a long period of time, in rare cases a Forfeiture of inheritance claim enter.

How long does processing take?

The time it takes to issue a certificate of inheritance depends on several factors:

completeness of documents: If documents are missing, processing is delayed.
Probate Court workload: In some regions, waiting times can be several months.
Complexity of succession: If there are several heirs or the inheritance is unclear, the procedure may be extended.

Average processing times:

Simple inheritance cases (e.g. with a notarized will): ca. 4-6 weeks
Complex inheritance cases (e.g. communities of heirs, international estates): up to 12 weeks or longer

Delays and their causes

Missing or incorrect documents
Inheritance disputes or appeals from other potential heirs
Judicial review of complicated successions
High workload for courts

Tip: To avoid delays, all required documents should complete and correct be submitted.

Risks and problems with inheritance certificate proceedings

In certain cases, applying for a certificate of inheritance can involve legal risks and challenges. In order to avoid problems later on, heirs should find out about possible pitfalls at an early stage.

Contestation and opposition to the certificate of inheritance

An inheritance certificate that has already been issued can contested If it turns out that false information has been provided or a previously unknown will exists.
Co-heirs or other claimants can go to the probate court contradiction If they feel that their rights have been infringed.
If the court subsequently finds that the certificate of inheritance is false, it will confiscated and declared invalid.

What happens if inheritance certificates are faulty?

Content errors (e.g. incorrect inheritance rate) can lead to delays and financial disadvantages.
If an inheritance certificate has been issued on the basis of false information, this may criminal consequences have.
In cases of inheritance involving real estate or company shares, a faulty inheritance certificate can have far-reaching economic consequences.

Risks for co-heirs and communities of heirs

In a Community of heirs Decisions can only be made together.
A joint inheritance certificate often leads to Voting problemsif heirs do not agree on the administration of the estate.
If the co-heirs quarrel, it can lead to legal disputes come.

Tip: Before an inheritance certificate is applied for, it should be clarified whether it is really necessary and what consequences it has for the heirs. Early advice from a specialist lawyer or notary can avoid complications later on.

Special cases: certificate of inheritance and special assets

Not every estate is the same — depending on the type of assets, special regulations apply. Here you can find out what special features apply to real estate, bank accounts, company shares and liabilities.

Certificate of Inheritance and Real Estate (Land Registry)

Is the deceased as the owner of a real estate entered in the land register, the new owner must be proven.
Ohne notarial will or inheritance contract Land registries usually require a Certificate of Inheritance for the transcription.
If a community of heirs inherits, all co-heirs are considered together as new owners entered in the land register — a subsequent agreement on the use or sale can be difficult.

Certificate of inheritance and bank accounts

Many banks require a certificate of inheritance before they release the deceased's accounts.
In some cases, however, a Notarized will or a Power of attorney beyond death.
Tip: Before the inheritance, a bank power of attorney can be useful to avoid the inheritance certificate requirement.

Certificate of inheritance for companies or company investments

For inherited Companies or company shares Does the need for a certificate of inheritance depend on the legal form from the company.
With sole proprietorship A certificate of inheritance is often required, while companies (e.g. GmbH) may have their own succession regulations in the articles of association.
Without clear regulation, it can lead to Business law problems and delays come into corporate management.

Certificate of inheritance and debts of the testator

With the inheritance certificate, the heirs not only receive the assets, but also the obligations of the testator.
If the estate is over-indebted, the inheritance can be made within Rejected for 6 weeks become.
Alternatively, a Estate administration or a Skinny plea be applied for in order to protect the private assets of the heirs.

Tip: Before applying for a certificate of inheritance, it should be checked whether it is necessary or whether alternative evidence is sufficient.

FAQ

What do you need to apply for a certificate of inheritance?

For the application, the death certificate, proof of identity, proof of heir status (e.g. will or inheritance contract) and an affidavit required.

How high are the costs of a certificate of inheritance?

The fees are based on Value of the estate And are after Court Costs Act (GnotKG) calculated. Notary fees may also apply.

Who automatically receives a certificate of inheritance?

No one receives the certificate of inheritance automatically — it must be with competent probate court be requested.

When is a certificate of inheritance absolutely necessary?

A certificate of inheritance is required if it There is no notarial will or inheritance contract or banks, authorities or the land registry office require proof of inheritance.

What happens if you don't apply for a certificate of inheritance?

Without a certificate of inheritance, it can be difficult to dispose of the estate, in particular in the case of real estate or bank accounts without a corresponding power of attorney.

Can I inherit without a certificate of inheritance?

Yes, if a notarial will or an inheritance contract If there is one that clearly proves the status of heir, a certificate of inheritance can often be omitted.

When does the inheritance not have to be reported?

An inheritance does not have to be reported if no certificate of inheritance is required and there are no tax or regulatory obligations.

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Note: Memovida is a funeral home and does not provide legal advice. This article is exclusively for informational purposes and does not replace legal or notarial advice. For legally binding decisions, you should contact a Lawyer, notary or the competent probate court turn around.