Please enter a search term.

Please note:You can only obtain complete information if you indicate the place of residence, the place of business or the building project, depending on the procedure.


Apply for a sole certificate on the basis of legal succession

If the deceased person has not left a will and has not concluded a contract of inheritance, the legal succession occurs. In many cases, you will need proof of your inheritance law.

The sole certificate testifies that you alone take up the legal succession of the testator. This gives you, for example, access to a bank account of the deceased person or you can apply for entries in the land register.

Process flow

You must apply for a sole certificate at the competent probate court (district court):

  • Submit an informal application for the issuance of a sole certificate and attach all the necessary documents.
  • Alternatively, you can submit the application via an authorised person, such as a notary or a lawyer, or declare it to the court for the record.
  • Personally submit an insurance on oath before the district court or before a notary or before a notary. By doing so, you assure that you are not aware of anything that would prevent the correctness of your information in the application for a certificate of inheritance.
    • This is not necessary if the district court waives it.
    • If a notary notary certifies the insurance on oath, this person can at the same time certify the application for a certificate of inheritance.
  • The district court checks your eligibility and issues the certificate of inheritance.

Requirements

Only as a sole inherited can you apply for a single certificate.

Which documents are required?

  • Identity card or passport
  • Death certificate of the testator
  • Documents documenting the position as a legal heir, for example:
    • Family Record Book
    • Birth certificate
    • Marriage certificate
  • Information on whether there is a process on your inheritance law
  • Proof of why certain persons who would actually be (co-)heirs are not heirs, for example:
    • Death certificates
    • Declarations of Waiver of Inheritance
    • Declarations of renunciation of inheritance
  • if applicable, wills or contracts of inheritance or at least information there, for example in the case of special official custody
  • in the case of spouses: proof of matrimonial property regime
  • in the case of registered civil partnerships: proof of assets

What are the fees?

  • The amount of the fees depends on the value of the estate after deduction of the testator's debts.
  • The issuance of a sole certificate by the probate court, for example, costs
    • with a discount value of EUR 30,000 EUR 125.00,
    • with a discount value of EUR 100,000 EUR 273.00 and
    • with a discount value of EUR 500,000 EUR 935.00.
  • In addition, you must pay fees of the same amount for the notarization of an affidavit with the probate court or with a notary. In addition, there may be writing expenses and VAT.

Table of fees: Court and Notary Costs Act (GNotKG) Annex 2 (to § 34 paragraph 3)

What deadlines do I have to pay attention to?

You do not have to meet any deadlines.

Applications / forms

Forms:
Online procedure possible:
Written form required: no
Personal appearance required:

  • when applying: no
  • in case of affidavit: yes

Appeal

  • Complaint
  • Application for confiscation of the certificate of inheritance

Author

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Justice and Consumer Protection

Professionally released on

15.11.2021

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

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.