Certificate of Inheritance

Certificate of Inheritance - The certificate of inheritance is an official document issued by the probate court that provides information about the heir and the scope of their inheritance rights. It serves as proof of identity for land registries, banks, insurance companies, and other third parties, and is often a prerequisite in real estate transactions for transferring property titles to the heir.

Function and Application for the Certificate of Inheritance

The certificate of inheritance is issued upon application by the probate court-that is, the probate division of the local court in whose district the decedent had their last place of residence. The applicant must confirm in an affidavit that they are not aware of any circumstances that would preclude their right to inherit. This declaration may be made before the probate court or a notary.

When applying, a distinction must be made between different types of certificates of inheritance. The certificate of sole inheritance identifies a single person as the sole heir. If there are multiple heirs, a joint certificate of inheritance is issued, which names all co-heirs and their respective shares of the estate. In addition, there is the partial certificate of inheritance, which identifies only the share of a single co-heir without naming the other members of the community of heirs.

The costs for the certificate of inheritance are governed by the Court and Notary Fees Act (GNotKG) and are calculated based on the value of the estate. The net value of the estate is decisive-that is, the market value of all assets minus liabilities. A full fee is charged for both the affidavit and the issuance of the certificate of inheritance. For real estate assets in the Nuremberg metropolitan region, where market values have risen significantly in recent years, the costs of the certificate of inheritance can therefore easily reach four figures.

The probate court reviews the application ex officio and determines whether the stated inheritance relationships are accurate. If the court has conflicting information-such as a deviating will or objections from other potential heirs-the issuance process can take a considerable amount of time.

Overview of Types of Certificates of Inheritance and Use Cases

Type of Certificate	Who is named	Typical Use Case	Application by
Sole Certificate of Inheritance	Single person as sole heir	Single heir under a will	The sole heir
Joint Certificate of Inheritance	All co-heirs + inheritance shares	Intestate succession, multiple heirs	Each co-heir
Partial Certificate of Inheritance	Only the inheritance share of a co-heir	Dispute within the community of heirs	The individual co-heir
Certificate of Inheritance Limited to Specific Property	Heir status for a specific object	Transfer of title for a specific property	The heir
Certificate of inheritance under foreign law	Heir status under foreign law	Foreign real estate, international estates	To the heir

Costs: Determined in accordance with the GNotKG based on the value of the estate. One full fee each for the affidavit and issuance - approx. €1,700 for an estate valued at €400,000.

Alternative to a Certificate of Inheritance: Notarized Will with Opening Protocol

A Certificate of Inheritance is not required in every case of inheritance. If a notarized will or an inheritance contract exists, a certified copy of the last will and testament, together with the court’s opening protocol, is generally sufficient to prove heir status to the land registry office and banks. Under Section 35(1) of the German Land Registry Act (GBO), the land registry office is required to recognize a notarized will as proof of inheritance-a certificate of inheritance is then not required.

This alternative saves time and money. While obtaining a certificate of inheritance can take several weeks or even months, the opening protocol is usually available much more quickly. Therefore, having a notarized will drawn up early on spares the heirs the time-consuming certificate of inheritance process later on.

Practical Tip for Heirs in Nuremberg and Franconia

For the transfer of title to an inherited property in Nuremberg, Fürth, Erlangen, or the surrounding counties, the certificate of inheritance is free of charge within two years of the opening of the estate-the land registry fee for the transfer is waived during this period under a special provision of the GNotKG. We therefore recommend that heirs arrange for the land registry transfer promptly after receiving the certificate of inheritance.

The competent probate court for inheritance cases in the Nuremberg metropolitan area is the Nuremberg Local Court. For inheritance cases in Fürth, Erlangen, or the surrounding counties, the respective local courts are responsible. We assist heirs who wish to sell an inherited property in the metropolitan region with valuation and market-oriented marketing-regardless of whether the certificate of inheritance has already been issued or still needs to be applied for.

Frequently Asked Questions

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

The processing time depends on the probate court in question and the complexity of the estate. In straightforward cases without disputes, you can expect it to take four to eight weeks. If there is a handwritten will that raises questions of interpretation, or if other relatives raise objections, the process can take several months.

Can a certificate of inheritance be revoked?

Yes, a certificate of inheritance can be revoked by the probate court if it is subsequently determined to be incorrect-for example, because a later will is discovered or the order of succession must be reassessed. The certificate of inheritance is then declared invalid, and a new, corrected certificate of inheritance is issued. However, in land registry transactions, third parties enjoy protection of good faith if they have relied on the certificate of inheritance.

Is a joint certificate of inheritance required for a community of heirs?

In principle, a joint certificate of inheritance is applied for on behalf of a community of heirs, listing all co-heirs and their shares of the estate. Any co-heir may file the application; the costs are borne by the estate. Alternatively, a single co-heir may apply for a partial certificate of inheritance covering only their share-this may be advisable if the other co-heirs are uncooperative or there is a dispute over the inheritance shares.

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