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Apply for a limited Community certificate of inheritance as a pre- or post-inheritance

When a testator dies, he usually leaves not just one heir, but several. These enter the so-called community of heirs with inheritance. Only after the inheritance dispute has taken place is the estate divided among the individual heirs in accordance with the agreements made.

In principle, each individual co-heir can apply for a certificate of inheritance with which he can identify himself as a legal heir to third parties. However, if the community of heirs wants to act together and act vis-à-vis banks, insurers and the land registry, a joint certificate of inheritance is often required.

With the arrangement of a pre- and post-inheritance in the will, the order and duration of the use of the estate are determined. The testator appoints a person as a pre-heir who can use the inheritance for a period of time. The heir only becomes the heir of the testator when the previous inheritance ends.

The certificate of inheritance issued to the previous heirs shall state that a succession is ordered, under what conditions it occurs and who is the successor.

A certificate of inheritance (herein referred to as a limited certificate of inheritance) limited to the assets of the testator (estate) located in Germany can be issued by the probate court on application if the estate also includes objects that are located abroad. A limited certificate of inheritance should be applied for if this speeds up the procedure for issuing the certificate of inheritance (e.B. because no foreign inheritance law has to be determined), or because the certificate of inheritance is not needed abroad and costs can be saved by the restriction.

§ 352c Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

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

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