Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for a joint certificate of inheritance based on a will

Description

When a testator dies, they usually leave behind not just one heir, but several. These enter into the so-called community of heirs on the basis of a will. The estate is only divided among the individual heirs in accordance with the agreements made once the estate has been settled.

In principle, each individual co-heir can apply for a certificate of inheritance with which they can identify themselves to third parties as the rightful heir. However, if the community of heirs wishes to act jointly and deal with banks, insurers and the land registry, a joint certificate of inheritance is often required.

The joint certificate of inheritance is issued for the inheritance rights of several, but not all, co-heirs at the request of a co-heir if, for example, a co-heir has emigrated and therefore cannot be contacted.

Prerequisites

There are co-heirs due to legal succession and they would like to apply for a joint certificate of inheritance. However, not all co-heirs are available to apply.

Required documents

Your identity card or passport,
the death certificate of the deceased person (testator),
the family register to document the relationship,
Information on whether there is a lawsuit concerning your inheritance rights,
Names and addresses of the co-heirs,
Proof of the reason why certain persons who would actually inherit are no longer heirs, e.g. their death certificates, declarations of inheritance or waivers of inheritance,
wills or inheritance contracts, if applicable,
the matrimonial property regime (in the case of married couples) or the asset status (in the case of registered civil partnerships).

Fees (costs)

The fees for a certificate of inheritance are regulated in the German Court and Notary Fees Act (GNotKG) and are based on the estate value after deduction of debts.
In addition to the fee for issuing a certificate of inheritance, there may be costs for declarations in lieu of an oath and notary fees - plus statutory VAT.

Table of fees: Court and Notary Fees Act (GNotKG) Annex 2 (to Section 34 (3))

Deadlines

none

Processing time

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

Legal remedy

Appeal

If there are conflicting interests in the certificate of inheritance proceedings before the probate court, the probate court may not issue the certificate of inheritance immediately. The local court issues an order in which it states that it considers the facts required to justify the application for a certificate of inheritance to have been established.

Pursuant to Sections 58 and 63 FamFG, the parties involved then have the opportunity to lodge an appeal against this decision within a period of one month.

The certificate of inheritance is only issued if no one has lodged an appeal against the probate court's decision after the one-month period has expired and the decision has thus become legally binding.

In addition, pursuant to Section 59 FamFG, a person who was unable to convince the probate court with their arguments in the certificate of inheritance proceedings and whose rights have been impaired as a result can lodge an appeal.

Contestation

By applying for a certificate of inheritance, the inheritance is automatically deemed to have been accepted - it is then no longer possible to contest the inheritance.

Heirs can then only avoid the inheritance by contesting the certificate of inheritance. However, a reason for contesting must be proven. In principle, only the person who would benefit from a contestation may contest a certificate of inheritance. It is recommended that you seek legal advice from a lawyer.

Sole heir certificates: These can only be contested by sole heirs.

Partial certificates of inheritance and joint certificates of inheritance: Every heir within the community of heirs is entitled to contest the certificate.