Applying for a limited joint certificate of inheritance
When a testator dies, they usually leave behind not just one heir, but several. These become part of the so-called community of heirs upon inheritance. The estate is only divided among the individual heirs in accordance with the agreements made once the estate has been settled.
In principle, each individual co-heir can apply for a certificate of inheritance with which they can identify themselves to third parties as the rightful heir. However, if the community of heirs wishes to act jointly and deal with banks, insurers and the land registry, a joint certificate of inheritance is often required.
A certificate of inheritance limited to the deceased's assets located in Germany (estate) can be issued by the probate court upon application if the estate also includes items located abroad. A restricted certificate of inheritance should be applied for if it speeds up the procedure for issuing the certificate of inheritance (e.g. because no foreign inheritance law has to be determined) or because the certificate of inheritance is not required abroad and the restriction can save costs.
Which documents are required?
- Your identity card or passport,
- the death certificate of the deceased person (testator),
- the family register to document the relationship,
- Information on whether there is a lawsuit concerning your inheritance rights,
- Names and addresses of the co-heirs,
- Proof of the reason why certain persons who would actually inherit are no longer heirs, e.g. their death certificates, declarations of inheritance or waivers of inheritance,
- wills or inheritance contracts, if applicable,
- the matrimonial property regime (in the case of married couples) or the asset status (in the case of registered civil partnerships),
- Proof that the estate is located abroad.
Requirements
There is a co-heir status and estate assets are located both in Germany and abroad.
What are the fees?
- Fees for a certificate of inheritance are regulated in the German Court and Notary Fees Act (GNotKG) and are based on the estate value after deduction of debts.
- In addition to the fee for issuing a certificate of inheritance, there may be costs for declarations in lieu of an oath and notary fees - plus statutory VAT.
Process flow
After you have applied for the certificate of inheritance, the local court will check your entitlement and issue the certificate of inheritance.
Processing duration
The processing time depends on the complexity of the inheritance case.
What deadlines do I have to pay attention to?
none
Appeal
Appeal
If there are conflicting interests in the certificate of inheritance proceedings before the probate court, the probate court may not grant the certificate of inheritance immediately. The local court issues an order in which it states that it considers the facts required to justify the application for a certificate of inheritance to have been established.
Pursuant to Sections 58 and 63 FamFG, the parties involved then have the opportunity to lodge an appeal against this decision within a period of one month.
The certificate of inheritance is only issued if no one has lodged an appeal against the probate court's decision after the one-month period has expired and the decision has thus become legally binding.
In addition, pursuant to Section 59 FamFG, a person who was unable to convince the probate court with their arguments in the certificate of inheritance proceedings and whose rights have been impaired as a result can lodge an appeal.
Contestation
By applying for a certificate of inheritance, the inheritance is automatically deemed to have been accepted - it is then no longer possible to contest the inheritance.
Heirs can then only avoid the inheritance by contesting the certificate of inheritance. However, a reason for contesting must be proven. In principle, only the person who would benefit from a contestation may contest a certificate of inheritance. It is recommended that you seek legal advice from a lawyer.
Sole heir certificates: These can only be contested by sole heirs.
Partial certificates of inheritance and joint certificates of inheritance: Every heir within the community of heirs is entitled to contest the certificate.
Applications / forms
Forms are not required.
Author
The text was automatically translated based on the German content.
Competent authority
The locally competent district court.
This is either the local court in whose district the deceased had his/her last habitual residence or the local court in whose district the deceased has his/her habitual residence.
