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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.

The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on the grounds of incorrectness.

The local court having jurisdiction.

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

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).

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.


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

Forms are not required.

Ministry of Justice of Lower Saxony


The text was automatically translated based on the German content.

competent Bodies

Amtsgericht Meppen
Postal address: Post Office Box 1253 , 49702 Meppen
Address: Obergerichtsstraße 20 , 49716 Meppen
Telephone: 05931 888-100
Fax: 05931 888-250

Data protection information

Landkreis Emsland
Address: Ordeniederung 1 , 49716 Meppen
Postal address: Post Office Box 15 62 , 49705 Meppen
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
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
IBAN: DE36250100300012132306


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

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

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