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Apply for a joint certificate of inheritance limited in subject matter


When a testator dies, he usually leaves not only one heir, but several. These heirs become part of the so-called community of heirs at the time of inheritance. The estate is only divided among the individual heirs in accordance with the agreements made after the inheritance has been divided.

In principle, each individual co-heir can apply for a certificate of inheritance with which he or she can prove to third parties that he or she is the rightful heir. If, however, the community of heirs wishes to act jointly and to deal with banks, insurers and the land registry, a joint certificate of inheritance is often necessary.

A certificate of inheritance limited to the deceased's assets located in Germany (estate) (limited certificate of inheritance) can be issued by the probate court on application if the estate also includes items located abroad. A limited certificate of inheritance should be applied for if this speeds up the procedure for issuing the certificate of inheritance (e.g. because no foreign inheritance law has to be ascertained), or because the certificate of inheritance is not required abroad and costs can be saved by the restriction.

After you have applied for the certificate of inheritance, the local court checks the eligibility and issues the certificate of inheritance.

The local court with jurisdiction.

This is either the local court in whose district the deceased had his or her last habitual residence or the local court in whose district the disclaimant has his or her habitual residence.

There is a co-heirship and estate items are located both in Germany and abroad.

  • Your identity card or passport,
  • the death certificate of the deceased person (testator),
  • the family register to document your relationship,
  • information on whether there is a lawsuit concerning your inheritance,
  • names and addresses of co-heirs,
  • evidence of the reasons why certain persons who would actually inherit are no longer heirs, for example, their death certificates, letters testamentary or declarations of renunciation of inheritance,
  • if applicable, wills or inheritance contracts,
  • the matrimonial property regime (in the case of married couples) or the property status (in the case of registered civil partnerships),
  • proof that objects of the estate are located abroad.
  • Fees for a certificate of inheritance are regulated in the German Law on Court and Notary Fees (Gerichts- und Notarkostengesetz, GNotKG) and are based on the value of the estate after deduction of debts.
  • In addition to the fee for the issue of a certificate of inheritance, costs for affidavits and notary fees may be incurred - plus statutory VAT.

none

The processing time depends on the complexity of the inheritance case.

Forms are not required.

Complaint

Insofar as there are conflicting interests in the inheritance certificate proceedings before the probate court, the probate court may not grant the inheritance certificate immediately. The Local Court issues an order in which it states that it considers the facts required to substantiate the application for a certificate of inheritance to have been established.

Pursuant to §§ 58, 63 FamFG, the parties then have the opportunity to appeal against this order within a period of one month.

The certificate of inheritance is only granted if, after the expiry of the one-month period, no one has lodged an appeal against the order of the probate court and the order has thus become final.

In addition, pursuant to § 59 FamFG, an appeal may be lodged by a person who has not been able to convince the probate court with his or her arguments in the inheritance certificate proceedings and whose rights are thereby impaired.

Contest

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 the certificate of inheritance must be proven. In principle, only the person who would benefit from a contestation may contest a certificate of inheritance. It is recommended to seek legal advice from a lawyer in this regard.

Sole Inheritance Certificates: These can only be contested by sole heirs.

Partial and joint certificates of inheritance: Each heir within the community of heirs is entitled to contest a certificate of inheritance.

Ministry of Justice of Lower Saxony

The text was automatically translated based on the German content.

competent Bodies


Amtsgericht Papenburg
Address: Hauptkanal links 28 , 26871 Papenburg
Timetable
Postal address: Post Office Box 1152 , 26851 Papenburg
Timetable
Telephone: 04961 924-0
Fax: 04961 924-155

Data protection information


Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Timetable
Postal address: Post Office Box 15 62 , 49705 Meppen
Timetable
Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Station Haltestelle Kreishaus
Bus: 993

Building Access
elevator available, wheelchair-accessible
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen
Address: Prinzenstraße 5, 30159 Hannover
Timetable
Telephone: +49 511 12045-00
Fax: +49 511 12045-99

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)