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Applying for a certificate of inheritance: proof that you are an heir

With a certificate of inheritance you prove to banks, the land registry, or authorities that you are an heir. You apply for it at the probate court. It is not always necessary: if a notarial will with an opening record is available, many bodies accept that as proof.

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Your chances of getting your money back

The certificate of inheritance is issued upon application by the probate court and identifies you as an heir (§ 2353 BGB). It is often necessary to dispose of accounts or to correct the land register.
Often a certificate of inheritance is dispensable: a notarial will together with the opening record is enough for many banks and the land registry as proof. That saves the certificate costs.

What you should do now

  1. 1

    1. Check the need for proof

    Clarify whether the body (bank, land register) really requires a certificate of inheritance or whether a notarial will is enough.

  2. 2

    2. Gather documents

    Have the death certificate, will/inheritance contract, civil status certificates, and details of all heirs ready.

  3. 3

    3. File the application

    Apply for the certificate of inheritance at the probate court (local court) or through a notary; usually a statutory declaration is required.

  4. 4

    4. Consider the costs

    The fees are based on the value of the estate. So check whether the certificate of inheritance is really necessary.

How to spot the scam

  • You apply for an expensive certificate of inheritance even though a notarial will is enough.
  • A hasty acceptance of the inheritance even though the estate could be over-indebted.
  • Incomplete details on co-heirs delay the procedure.

Frequently asked questions

When do I need a certificate of inheritance?

When you have to identify yourself as an heir, for example to banks or the land registry, and no sufficient other proof is available. The probate court issues the certificate of inheritance upon application (§ 2353 BGB).

Is it also possible without a certificate of inheritance?

Often yes. If a notarial will with an opening record is available, many banks and the land registry accept that as proof. Then you save the certificate of inheritance and its costs.

What does a certificate of inheritance cost?

The fees are based on the value of the estate and are incurred for the certificate of inheritance and the statutory declaration. For larger estates this can be noticeable, so check in advance whether you really need it.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.