In Germany, the certificate of inheritance is the key document proving inheritance status. This applies in particular if the deceased did not leave a German notarized will.

In order to be able to settle the estate located in Germany in such a case, the heirs need proof of their status as heirs. Asserting legal succession or relying on a handwritten will is not sufficient proof to gain access to the estate assets in Germany and to settle the estate. In particular, if real estate, bank accounts, or company shares are part of the German estate, a certificate of inheritance must be presented, as this is the only way for the heirs to prove their legitimacy as heirs to the court, the land registry, and banks.

How do I obtain a certificate of inheritance?

Any heir can apply for a certificate of inheritance. If there is a community of heirs, one heir alone can apply for a joint certificate of inheritance on behalf of the community of heirs.

As a rule, the probate court of the testator’s last place of residence is responsible for the certificate of inheritance procedure. If the testator did not have a place of residence in Germany, there are catch-all jurisdictions.

The application can generally be submitted in person to the competent probate court , on record at the court registry. It is also possible to have the application recorded and certified by a notary.

However, as it is often not possible for heirs abroad to submit an application in person in Germany, there are other alternatives.

Usually, the application is prepared in cooperation with the German diplomatic mission abroad and then an affidavit is made at an appointment on site. The application can then be sent by courier service to the probate court, where it will be processed.

If the German diplomatic mission does not offer appointments or if traveling to the nearest competent German consulate general is disproportionate, a notary in the country of residence may also be consulted in exceptional cases. As this is an exception and the court may reject such an application under certain circumstances, it is advisable to seek legal advice.

What documents are required?

The documents and information to be provided depend on the inheritance situation. In principle, the occurrence of the inheritance and the position of the heirs must be proven by documents. Certified copies of the documents to be attached to the application can usually be made on site at the German diplomatic mission abroad or at a notary. It is advisable to clarify in advance whether translations by sworn translators are required.

What happens after the application for a certificate of inheritance has been submitted?

Upon receipt of the application, the probate court checks the information and accompanying documents to determine whether the applicant has become the heir under substantive law.

In the case of foreign wills in particular, the question of which law applies and whether there is a valid will and a valid appointment of heirs often arises.

The certificate of inheritance procedure also offers the opportunity to raise objections to the claimed succession or the will.

If the probate court finds that the facts presented prove the status of heir, it issues a corresponding court order and the certificate of inheritance is then granted. The certificate of inheritance then usually also indicates the extent of the inheritance, which facilitates the further settlement of the estate and the subsequent distribution and settlement of the community of heirs.

How much does the procedure cost?

The costs are based on the Court and Notary Fees Act. The court charges a full fee for the certificate of inheritance procedure. The fee is based on the value of the transaction, which in turn is based on the value of the so-called pure estate. For this purpose, the estate liabilities are deducted from the assets of the estate. There is also an additional fee for taking the affidavit.

If the application is submitted to a German diplomatic mission abroad or a notary based abroad, additional costs will be incurred.

We will be happy to advise you on the application process and during the ongoing proceedings.