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What do you need a certificate of inheritance for, how do you apply for one and what information and documents do you need?
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A certificate of inheritance is an official certificate that proves the status of an heir. It names the deceased, their heirs and their inheritance shares. With the certificate of inheritance, surviving dependants can prove to banks, authorities and the land registry that they are entitled to the inheritance. The certificate of inheritance is particularly relevant if there is no notarized will or contract of inheritance. In this case, heirs often need a certificate of inheritance to administer or transfer the deceased's assets. Without the certificate of inheritance, banks, for example, would not automatically release accounts and the land registry would not transfer property. The certificate of inheritance provides clarity if outsiders do not know whether an effective will exists or who is the legal heir.
However, if there is a notarized will or contract of inheritance, the opening protocol of the probate court is usually sufficient. This record proves the succession under the public will, so heirs often do not need a certificate of inheritance. Other powers of attorney (such as a power of attorney for an account after death) or court orders can also make a certificate of inheritance superfluous under certain circumstances.
Why do you need a certificate of inheritance?
Although intestate succession applies in principle, many authorities require a certificate of inheritance before settling inheritance matters. Typical cases in which a certificate of inheritance is required are
Banking and insurance transactions:
Banks and insurance companies often require a certificate of inheritance before accounts are released or insurance sums are paid out. Without a certificate of inheritance, a third party may not simply dispose of the deceased's money or policies.-
Real estate/land register:
If you wish to have an inherited property transferred to your own ownership, the land registry usually requires a certificate of inheritance. (§35 GBO). If the inheritance was made by a handwritten will or by intestate succession, it is almost impossible to avoid the certificate of inheritance. If, on the other hand, there is a notarized will, this is sufficient proof of inheritance and the certificate of inheritance is usually not required. -
Unclear inheritance situation:
If, for example, there are several heirs or there are doubts about the order of succession, the certificate of inheritance provides clarity as to who is the heir and what share they have. It protects against disputes and misunderstandings in the community of heirs.
A certificate of inheritance is not always mandatory. If there is a notarized will with an opening protocol, it can often be dispensed with. A power of attorney can also replace the requirement. As a general rule, if you do not need official confirmation of your status as an heir (e.g. because you have a notarized will), you do not need to apply for a certificate of inheritance.
How do I apply for a certificate of inheritance?
The certificate of inheritance is issued upon application to the competent probate court. As a rule, the local court at the last place of residence of the deceased is responsible. There are two ways to apply: the heir can go directly to the probate court and submit the application for the record, or appoint a notary to notarize the application.
Irrespective of this, the heir must appear in person, as he or she must make an affidavit confirming the accuracy of his or her details. A simple written notification or e-mail is not sufficient. In many probate courts, you should make an appointment in advance. If a community of heirs inherits jointly, several heirs can apply for a joint certificate of inheritance; however, an application from one heir is usually sufficient. The other co-heirs only have to agree
At the notary's office, the notary takes over the entire application process: he answers questions, checks the documents and forwards the application to the court. The advantages of notarization include
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Flexible appointments and a fixed contact person who can answer all your questions.
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The notary informs and checks that all the necessary civil status documents (birth, marriage and death certificates, etc.) are complete.
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He forwards the application for a certificate of inheritance to the probate court and deals with any queries from the court.
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The official fees for the certificate of inheritance procedure are the same for the notary as for direct application to the court (however, expenses and VAT may be added for the notary).
After a successful examination, the probate court issues the certificate of inheritance and sends it to the applicant. As the legislator does not stipulate a deadline, you can apply for a certificate of inheritance long after the death as long as it is required.
What information and documents are required?
For the application for a certificate of inheritance, information on the deceased, the heir and the order of succession must be provided. Important information and documents are, for example
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Dates of death of the deceased:
Name, date of death, last place of residence and nationality of the deceased. -
Details of the heir:
Applicant's identity card or passport for identification purposes. -
Proof of relationship:
Documents such as birth certificates and marriage certificates that prove the relationship to the deceased. For example, the marriage certificate of the spouse or the birth certificates of the children. -
Will or contract of inheritance:
If there is a will or contract of inheritance, a copy or the original (or the notice of opening) must be submitted. The probate court must first open private wills before the certificate of inheritance is applied for. -
Information on succession:
In the application, you should state the basis on which you are an heir (intestate succession or disposition of property upon death). This also includes the assurance that you have accepted the inheritance and information about other beneficiaries or existing reasons for exclusion. -
Estate register (optional):
The heir is often required to draw up an inventory of the estate showing the value of the estate. This information is only used to calculate the fees.
Overall: The more carefully you compile all the relevant documents and provide the necessary information, the smoother the process will run. A notary can help you check all the papers and obtain any missing documents.
Questions about the certificate of inheritance
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