ºÚÁÏÀÏ˾»ú

Prerequisites

Documents required

• Identity card or passport
• Death certificate of the testator

If necessary, additionally:

• Will or inheritance contract (please indicate if these are still in official custody)
• If there is no will: documents that prove your position as a legal heir, such as
  • Family register
  • Marriage certificates of the testator or testatrix
  • Birth certificates of the testator's children and grandchildren
  • Adoption documents
  • Divorce decrees with a note of legal force
  • Information on whether there is a lawsuit regarding your inheritance rights
• Evidence as to why certain persons are not considered as heirs despite having the right to inherit, for example:
  • Death certificates
  • Declarations of renunciation of inheritance
  • Declarations of renunciation of inheritance
• for married couples: proof of marital property status
• for registered civil partnerships: proof of assets

Please note

The probate court in whose jurisdiction the deceased person last had their permanent center of life is responsible for issuing the certificate of inheritance. If you are an heir, you can also apply for the certificate of inheritance at the probate court with jurisdiction at your place of residence. The probate court at your place of residence will accept the application and forward it to the competent probate court. However, the probate court at the place where the deceased person last had their permanent center of life remains responsible for processing and making the decision.

You can also submit the application through a notary public. They are authorized to take the required affidavit from you and forward the application to the competent probate court. Attorneys are not permitted to take the affidavit. Therefore, they cannot effectively submit your application; they can only act as your advisor.

You cannot obtain legal advice from the probate court. For this, contact a law firm or notary's office. If you have a low income, the Public Legal Information Service (ÖRA) offers affordable advice.

Deadlines

No

Procedure

• You arrange an appointment for a personal interview with the responsible office.
  • You can request an appointment via the provided online service or in writing using the provided form. To do so, you must complete the online request form or the form in full and upload or attach the required documents.
• The responsible office will contact you to arrange an appointment.
• At the appointment, you will apply for the certificate of inheritance and make an affidavit in which you confirm that you are not aware of anything that would contradict the accuracy of the information you have provided in the application for the certificate of inheritance.
  • Alternatively, you can submit the affidavit to a notary public before the appointment and bring the notarized affidavit with you to the appointment.
• The responsible authority will examine your application and, if the examination is successful, will issue you with the certificate of inheritance.

Processing time

The processing time depends on the individual case.

Fees

The amount of the fees depends on the value of the estate after deducting the testator's debts. For example, issuing a certificate of inheritance for sole heirs costs

• for an estate value of EUR 30,000.00: EUR 125.00


• for an estate value of EUR 100,000.00: EUR 273.00


• for an estate value of EUR 500,000.00: EUR 935.00

In addition, you will have to pay fees of the same amount for the notarization of an affidavit at the probate court or a notary public. In addition, there may be clerical expenses and sales tax.


If your main residence is not in Germany, you must pay an advance payment

Legal remedies

Complaint

Legal basis

§§ 2353 to 2370 German Civil Code (BGB)





Sections 352 to 352 e of the Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)





Fee schedule: Court and Notary Fees Act (GNotKG) Appendix 2 (to Section 34 Paragraph 3)