Probate proceedings

Necessity

Even if a certificate of inheritance is not absolutely necessary for inheritance, it is often difficult or even impossible to claim an inheritance without one.

Ultimately, a certificate of inheritance is an official legitimation document that serves as proof of inheritance. Banks, commercial registers and land registries in particular require this proof in order to be able to transfer accounts, register entries and land registers. However, a certificate of inheritance may also be dispensable in such cases if the inheritance is based on a testamentary disposition and this is presented. This is usually the case with notarized wills, whereas a certificate of inheritance is still required in individual cases with handwritten will.

European certificate of inheritance / foreign law certificate of inheritance

Cases are conceivable in which the inheritance law of one country is applicable, but assets of the estate are also located in other countries, for example real estate. On the one hand, this concerns intra-European cases in which a so-called European Certificate of Succession is applied for instead of a (German) certificate of inheritance, which is accepted within the member states. However, constellations are also conceivable in which the inheritance law of a third country is applicable (e.g. USA), but the inheritance must be proven in Germany. In these cases, a foreign certificate of inheritance will regularly have to be applied for.

Procedure

The application for a certificate of inheritance can be submitted either to the competent probate court or to a notary (or a German diplomatic mission abroad). After the application has been submitted, the probate court will check whether the requested succession is correct and, if necessary, contact other potential heirs to determine whether they agree with the application for a certificate of inheritance. It is also conceivable that different/contradictory applications for a certificate of inheritance are made for one and the same inheritance case. In this case, it is a disputed certificate of inheritance procedure in which the probate judge must decide whether and if so which application for a certificate of inheritance to grant. In these cases, there is often a dispute about the validity or interpretation of wills and inheritance contracts, whereby the question of whether the testator had testamentary capacity at the time the will was drawn up is often raised.

Action to determine heirs

The heir determination procedure is another way to determine the heirs, especially if there are uncertainties or disputes. While a certificate of inheritance could be subsequently withdrawn as incorrect, the conclusion of the heir determination procedure establishes with legal force and finality who has become an heir. Our experienced specialist lawyers in Frankfurt and Berlin will be happy to advise you.