District Court (Probate Court)

Local Court (Probate Court) - The Probate Court is a division of the Local Court responsible for all matters related to the administration of estates. It is particularly relevant for property owners, as it issues the Certificate of Inheritance-the key document that allows heirs to be registered as new owners in the land registry.

Duties of the Probate Court

The Probate Court receives and opens wills and inheritance contracts, determines the legal heirs, issues certificates of inheritance, and, if necessary, appoints an estate administrator or estate guardian. If real estate is included in the estate, the certificate of inheritance is required to initiate the transfer of ownership in the land registry-unless a notarized will or an inheritance contract with a clear designation of heirs is available, as these are sufficient proof of succession for the land registry office.

The competent probate court is the local court at the decedent’s last place of residence. In the city of Nuremberg, this is the Nuremberg Local Court; for Erlangen, the Erlangen Local Court; and for Fürth, the Fürth Local Court. If the decedent was not registered in Bavaria but owned real estate in Nuremberg, the local court at the property’s location has subsidiary jurisdiction.

Certificate of Inheritance and Land Registry Correction

The certificate of inheritance identifies the heir as the legal successor to the decedent and entitles them to dispose of the estate-including applying for a correction to the land registry. Land registry correction following a death is free of charge for the heir if it is applied for within two years of the death. After this period expires, standard land registry fees are charged in accordance with the GNotKG, which can amount to several thousand euros for a market value of 500,000 euros.

The obligation to correct the land register arises from § 82 GBO: The heir is obligated to apply for the correction of the land register-not merely entitled to do so. Early correction of the land register ensures that the heir is identified as the legitimate owner and can legally dispose of the property.

Costs of Probate Settlement - Overview

Procedure	Costs for an estate value of €300,000	Costs for €500,000
Certificate of inheritance (court)	approx. €600-800	approx. €1,000-1,200
Application for certificate of inheritance (notary)	approx. €300-500 additional	approx. €400-600 additional
Land registry correction (2-year period)	Free of charge	Free of charge
Land registry correction (after 2 years)	approx. €1,500-2,500	approx. €2,000-3,500
Opening of the will (court)	approx. €100-200	approx. €100-200

Procedure for Issuing a Certificate of Inheritance

The certificate of inheritance is applied for at the probate court in the decedent’s last place of residence. The application can be filed directly with the probate court or-which is more convenient-with any notary, who will then forward it to the probate court. The following documents are generally required:

• Death certificate of the decedent
• Will or inheritance contract (if available)
• Applicant’s ID card
• If applicable, marriage certificate or birth certificates to prove kinship

The probate court reviews the application and issues the certificate of inheritance if the line of succession is sufficiently proven. In cases of disputed succession or unclear circumstances, the court may question witnesses or request additional documents.

Practical Tip for Heirs in Nuremberg and Franconia

We recommend that heirs apply for the certificate of inheritance at the probate court as early as possible and arrange for the land registry correction within the two-year period to take advantage of the fee exemption. If there are multiple heirs (community of heirs), it should be clarified as soon as possible whether the property should be held jointly, transferred to one heir, or sold-communities of heirs can quickly lead to conflicts and impair the value of the property.

In Nuremberg, long waiting times at the probate court are not uncommon, especially when many probate cases arise simultaneously. We recommend engaging a notary immediately after the opening of the estate to coordinate the settlement and keep track of time-sensitive deadlines.

Frequently Asked Questions

How much does a certificate of inheritance cost?

The costs depend on the value of the estate and are regulated by the Court and Notary Fees Act (GNotKG). For an estate valued at 300,000 euros, the cost of the certificate of inheritance is approximately 600 to 800 euros; for 500,000 euros, it is approximately 1,000 to 1,200 euros. If a notarized will exists and is presented to the probate court, the certificate of inheritance is often not required, and the costs can be saved-the probate court’s opening record, together with the will, is then sufficient for submission to the land registry office.

How long does it take to issue a certificate of inheritance?

The processing time varies considerably depending on the local court and the complexity of the case. In Nuremberg, with a clear line of succession and complete documentation, you can expect a processing time of four to eight weeks. In cases of disputes, an unclear line of succession, or international involvement (e.g., foreign heirs or decedents), the process can drag on for months. A notary who prepares the application can significantly shorten the processing time by ensuring the application is complete and error-free.

Do I always need a certificate of inheritance for the land registry amendment?

No, if there is a notarized will or an inheritance contract with a clear designation of heirs and it has been opened at the probate court, the opening record together with the will is sufficient as proof of succession at the land registry office. A holographic will, on the other hand, is not sufficient-a certificate of inheritance is always required in this case. We therefore recommend always having a will drawn up by a notary to facilitate the subsequent settlement for the heirs.

What happens to the estate if there is no will?

If there is neither a notarized nor a handwritten will, statutory succession applies pursuant to Sections 1924 et seq. of the German Civil Code (BGB). The probate court must then clarify the succession and determine who the statutory heirs are. For property owners without a will, this means: The transfer is often more complicated and time-consuming, as a community of heirs is formed that must make decisions regarding the property jointly. A community of heirs cannot simply sell the property-all co-heirs must agree. In practice in the Nuremberg metropolitan region, we regularly see cases where unclear succession under statutory inheritance delays the sale of a property by months or years. We strongly recommend that owners draw up a notarized will in a timely manner and clearly specify in it who is to inherit the property. This saves the heirs the costs of obtaining a certificate of inheritance and avoids protracted disputes before the probate court.

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