Applying for a certificate of sole inheritance due to statutory succession
Description
If the deceased person has not left a will or concluded an inheritance contract, statutory succession applies. In many cases, you will need proof of your right to inherit.
The sole heir certificate proves that you are the sole legal successor to the deceased. For example, it gives you access to a bank account of the deceased person or you can apply for entries in the land register.
You can only apply for a sole heir certificate if you are the sole heir.
- Identity card or passport
- Death certificate of the deceased
- Documents documenting the status as legal heir, for example
- Family register
- birth certificate
- Marriage certificate
- Information on whether there is a lawsuit regarding your inheritance rights
- Proof of why certain persons who would actually be (co-)heirs are not heirs, for example:
- Death certificates
- declarations of inheritance
- Declarations of renunciation of inheritance
- if applicable, wills or inheritance contracts or at least details thereof, for example in the case of special official custody
- for married couples: Proof of the matrimonial property regime
- for registered civil partnerships: Proof of property status
- The amount of the fees depends on the value of the estate after deduction of the deceased's debts.
- The issuing of a sole certificate of inheritance by the probate court costs, for example
- for an estate value of EUR 30,000 EUR 125.00,
- EUR 273.00 for an estate value of EUR 100,000 and
- EUR 935.00 for an estate value of EUR 500,000.
- In addition, you will have to pay fees of the same amount for the notarization of an affidavit at the probate court or with a notary. You may also have to pay writing expenses and VAT.
You do not have to meet any deadlines.
- Appeal
- Application for revocation of the certificate of inheritance
Contact the local court.
Forms:
Online procedure possible:
Written form required: no
Personal appearance required:
- for application: no
- for declaration in lieu of an oath: yes
You must apply for a certificate of sole inheritance at the competent probate court (local court):
- Submit an informal application there for a certificate of sole inheritance and attach all the necessary documents.
- Alternatively, you can submit the application via an authorized person, such as a notary or lawyer, or you can make a statement for the record at court.
- Make an affidavit in person before the local court or before a notary. In doing so, you confirm that you are not aware of anything that contradicts the accuracy of the information you have provided in the application for a certificate of inheritance.
- This is not necessary if the local court waives this requirement.
- If a notary notarizes the declaration in lieu of an oath, this person can also notarize the application for a certificate of inheritance.
- The local court will check your entitlement and issue the certificate of inheritance.
Federal Ministry of Justice and Consumer Protection
15.11.2021
The text was automatically translated based on the German content.
