Withdraw joint certificate of inheritance
Description
If the probate court learns that the heirs listed in the certificate of inheritance are not the deceased's true heirs, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the supposed heirs listed in this incorrect certificate of inheritance can no longer jointly dispose of the estate. The withdrawal of the certificate of inheritance can also be requested from the court by the actual heir.
There is a joint certificate of inheritance and this shows persons as heirs who are not heirs.
The procedure is carried out ex officio by the probate court. If you apply for such proceedings, the following documents will be helpful:
- 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).
- The court shall determine the costs of the court proceedings regarding the withdrawal of the certificate of inheritance in accordance with Section 353 para. 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.
none
The processing time depends on the complexity of the inheritance case.
An appeal may be lodged against the confiscation order.
This is either the local court in whose district the deceased had his/her last habitual residence or the local court in whose district the deceased has his/her habitual residence.
Forms are not required.
The local court examines ex officio or upon application whether the certificate of inheritance is to be withdrawn due to incorrectness.
Lower Saxony Ministry of Justice
23.06.2021
The text was automatically translated based on the German content.
06112 Halle (Saale)
Remark: It is not permissible to bring a legally effective action before a court, a public prosecutor's office or any other judicial authority of the state of Saxony-Anhalt by e-mail, to file applications, to lodge an appeal or to make other procedural declarations. In particular, no deadline is met! The delivery method by e-mail is therefore only suitable for non-form-bound messages. Further information on e-mail traffic and electronic legal transactions can be found under https://lsaurl.de/justizemail. The court's privacy policy can be found at https://lsaurl.de/aghaldsgvo.
General (Does not apply to counselling assistance)
Monday 09:00 - 12:00
Tuesday 09:00 -12:00 and 15:00 -17:00
Wednesday 09:00 - 12:00
Thursday 09:00 - 12:00
Friday 09:00 - 12:00
Counselling assistance (only on the following days!)
Tuesday 09:00 - 12:00 and 14:00 - 17:00
Paying agent / court cashier
Monday 08:30 - 12:15 and 13:30 - 15:30
Tuesday 08:30 - 12:15 and 13:30 - 17:00
Wednesday 08:30 - 12:15 and 13:30 - 15:30
Thursday 08:30 - 12:15 and 13:30 - 15:30
Friday 08:30 - 12:00
