Probate Court (Jurisdiction)

The probate court is the division of the local court responsible for inheritance matters; it performs official duties under inheritance law, in particular the issuance of certificates of inheritance, the safekeeping of wills, and the appointment of estate administrators. In Germany, the probate court with jurisdiction is the one in the deceased’s last general place of residence (Section 343 FamFG). For heirs with real estate in the Nuremberg region, the Nuremberg Local Court (with jurisdiction over the city of Nuremberg) or the respective local court in the surrounding area (e.g., Erlangen, Fürth, Schwabach, Ansbach) is the first point of contact.

Duties of the Probate Court

The probate court performs various core duties: It holds wills and inheritance contracts deposited with a notary or with the court and opens them after the death (opening of the will, § 348 FamFG). It issues certificates of inheritance, which serve as official documents proving the right to inherit to banks, land registries, and other authorities. It appoints estate administrators when heirs are unknown or minors. In addition, it rules on applications for estate administration and estate insolvency.

An important but often overlooked task: The probate court also carries out what is known as the “preservation of the estate”-for example, by sealing off premises or by compiling an inventory of the estate when there is imminent danger (Section 1960 BGB). This is relevant when there is a risk that estate assets could be removed before the heirs are identified.

Certificate of Inheritance and Land Registry

To transfer ownership of an inherited property in the land registry, a certificate of inheritance is generally required-or, alternatively, a notarized will with the probate court’s opening protocol, which unequivocally proves heir status. The land registry office accepts these documents as proof of legal succession and transfers ownership to the heirs.

The fees for the certificate of inheritance are based on the value of the estate; for a property valued at 400,000 euros, they typically amount to several hundred euros. Those who do not wish to pursue a separate procedure for the land registry transfer can often waive the certificate of inheritance by presenting the notarized will and the opening protocol to the land registry office-this saves time and fees. The land registry office decides whether this is possible in individual cases.

Opening of the Will: Procedure and Significance

If the decedent has a will-whether deposited with a notary or held by the probate court-it is automatically opened after death. The probate court summons all persons named in the will to the opening of the will. Afterward, all parties involved receive a certified copy. From this point on, the order of succession is formally established, even if the heirs can still renounce the inheritance.

Handwritten wills that were kept at home must be submitted to the probate court by relatives without delay-withholding a will is a criminal offense.

Jurisdiction for Foreign Deceased Persons or Real Estate

If a foreign national residing in Germany dies or if a German leaves real estate abroad, the rules of jurisdiction are more complex. Within the EU, the EU Succession Regulation (EuErbVO) applies, which generally applies the succession law of the country of the last habitual residence. However, special rules apply to real estate in many countries (lex rei sitae). Anyone dealing with an international inheritance should definitely seek legal advice from an attorney specializing in inheritance law.

Practical Tip for Property Owners in Nuremberg and Franconia

For heirs of a property in Nuremberg or the Franconia region, the competent probate court is generally the local court at the deceased’s last place of residence. We recommend applying for the opening of the will immediately after the death and-as soon as the succession is clear-applying for the certificate of inheritance to establish the legal capacity to act vis-à-vis the land registry, the bank, and us as real estate agents.

With the certificate of inheritance, we can quickly prepare the property for sale. We know the Nuremberg market and can promptly conduct a market-based valuation so that the community of heirs can make decisions on a sound basis.

Frequently Asked Questions

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

This depends on the court’s workload and the complexity of the inheritance case. Normally, you can expect it to take four to twelve weeks. In cases of complex inheritance situations, disputes over wills, or large estates, it may take longer. A notarized will with a court opening protocol can shorten the process, as it replaces the certificate of inheritance in certain cases.

Do I need to contact the probate court, or will they contact me?

The probate court takes action when it becomes aware of a death-for example, through the registry office. However, heirs must actively file applications (e.g., for a certificate of inheritance) and are not automatically contacted. If a will has been filed, all persons named in the will are summoned by the court to the opening of the will.

What are the costs associated with the probate court?

The court charges fees in accordance with the GNotKG, which are based on the value of the estate. The fees for the opening of the will are generally low; for the certificate of inheritance, the costs depend on the value of the estate. For an estate valued at 500,000 euros, experience shows that the fees for the certificate of inheritance range from 1,000 to 1,500 euros.

Can the property title be transferred without a certificate of inheritance?

Yes, under certain conditions. If there is a notarized will and the probate court has issued a certificate of probate, the land registry office can transfer the title even without a certificate of inheritance. The land registry office decides on a case-by-case basis. Anyone who needs the title transferred quickly should examine both options and choose the simpler one.

What happens to an inherited property if the community of heirs is in disagreement?

If several heirs jointly inherit a property and cannot agree on its future use-whether for personal use, rental, or sale-a community of heirs is formed, which is registered in the land registry as a joint ownership community. Any co-heir may at any time demand the settlement of the community (Section 2042 BGB). If the heirs cannot agree, a partition auction under Section 180 ZVG is possible as a last resort-the local court auctions off the property, and the proceeds are divided among the heirs. Since partition auctions generally result in proceeds significantly below market value (typically 60-80% of the market value), this solution is economically disadvantageous for all parties involved. In the Nuremberg metropolitan region, we frequently observe in practice that an early, objective valuation conducted by us as a neutral party provides the basis for an amicable solution-whether it be a joint sale, the payment of one co-heir by the others, or the conversion to co-ownership.

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