Applying for a certificate of sole inheritance on the basis of a will
The certificate of sole inheritance is issued by the probate court. It certifies that you are the only heir, i.e. that you are the sole legal successor to the deceased. This is the case if the deceased person has appointed you as sole or universal heir in the will or inheritance contract.
The certificate of inheritance gives you access to the deceased person's bank accounts, for example, or you can apply for entries in the land register.
Which documents are required?
- Identity card or passport
- Death certificate of the deceased person, i.e. the testator
- Information on whether there is a lawsuit regarding your inheritance rights
- Proof of why certain persons who would actually be (co-)heirs are not heirs, for example:
- Death certificates
- Declarations of inheritance
- Declarations of renunciation of inheritance
- Wills or inheritance contracts or at least the details thereof, for example in the case of special official safekeeping
- for married couples: proof of matrimonial property regime, if applicable
- in the case of registered civil partnerships: proof of assets, if applicable
Requirements
You can only apply for a sole heir certificate if you are the sole heir.
What are the fees?
- The amount of the fees depends on the value of the estate after deduction of the deceased's debts.
- The issuing of a sole certificate of inheritance by the probate court costs, for example
- for an estate value of EUR 30,000 EUR 125.00,
- EUR 273.00 for an estate value of EUR 100,000 and
- EUR 935.00 for an estate value of EUR 500,000.
- In addition, you must pay fees of the same amount for the notarization of an affidavit at the probate court or with a notary. You may also have to pay writing expenses and VAT.
Process flow
You must apply for a certificate of sole inheritance at the competent probate court (local court):
- Submit an informal application for a certificate of sole inheritance there and attach all the necessary documents to your letter.
- Alternatively, you can submit the application via an authorized person, such as a notary public or a lawyer, or make a statement to the court for the record.
- Make an affidavit in person before the local court or before a notary. In doing so, you confirm that you are not aware of anything that contradicts the accuracy of the information you have provided in the application for a certificate of inheritance.
- This is not necessary if the local court waives this requirement.
- If a notary notarizes the declaration in lieu of an oath, this person can also notarize the application for a certificate of inheritance.
- The local court will check your entitlement and issue the certificate of inheritance.
What deadlines do I have to pay attention to?
You do not have to meet any deadlines.
Appeal
- Appeal
- Application for revocation of the certificate of inheritance
Applications / forms
Forms:
Online procedure possible:
Written form required: no
Personal appearance required:
- for application: no
- for declaration in lieu of an oath: yes