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confiscation of a sole heir's certificate


If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the deceased, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir or the real heiress at court.

Process flow

The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on the grounds of incorrectness.

Who should I contact?

The local court having jurisdiction.

Competent authority

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.

Requirements

There is a sole heir certificate and this shows a person as heir who is not an heir.

Which documents are required?

The proceedings are conducted ex officio by the probate court. If you request such proceedings, the following documents are 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,
  • 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).

What are the fees?

The court shall determine the costs of the court proceedings on the revocation of the certificate of inheritance in accordance with section 353 (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.

What deadlines do I have to pay attention to?

none

Processing duration

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

Applications / forms

Forms are not required.

Technically approved by

Ministry of Justice of Lower Saxony

Professionally released on

25.10.2021

Author

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:

Stadt Papenburg - Rechnungsprüfung
Postal address: Post Office Box 1755 , 26857 Papenburg
Timetable
Address: Hauptkanal rechts 68/69, 26871 Papenburg
Timetable
Telephone: 04961 82-320
Building Access
elevator available, wheelchair-accessible

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)