Withdrawal of a joint certificate of inheritance
If the probate court learns that the heirs listed in the certificate of inheritance are not the deceased's true heirs, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the supposed heirs listed in this incorrect certificate of inheritance can no longer jointly dispose of the estate. The withdrawal of the certificate of inheritance can also be requested from the court by the actual heir.
Which documents are required?
The procedure is carried out ex officio by the probate court. If you apply for such proceedings, the following documents will be helpful:
- Your identity card or passport,
- the death certificate of the deceased person (testator),
- the family record book 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).
Requirements
There is a joint certificate of inheritance and this shows persons as heirs who are not heirs.
What are the fees?
- The court shall determine the costs of the court proceedings regarding the withdrawal of the certificate of inheritance in accordance with Section 353 para. 2 sentence 1 FamFG. The amount of the costs is determined by the amount in dispute, which is calculated on the basis of the value of the estate less the debts.
Process flow
The local court examines ex officio or upon application whether the certificate of inheritance is to be withdrawn due to incorrectness.
Processing duration
The processing time depends on the complexity of the inheritance case.
What deadlines do I have to pay attention to?
none
Appeal
An appeal may be lodged against the confiscation order.
Applications / forms
Forms are not required.
Who should I contact?
The locally competent district court.