Certificate of inheritance

Heirs are regularly faced with the question: Do I need a certificate of inheritance? But what exactly is a certificate of inheritance and what function does it have?

The certificate of inheritance is a document issued by the probate court. It certifies who has become an heir and whether there are any restrictions such as prior and subsequent inheritance or execution of the will.

In legal transactions, the certificate of inheritance serves as proof of legitimacy. Business partners such as banks, authorities, companies etc. can rely on the certificate of inheritance to prove that the person named in the certificate of inheritance is actually the heir and therefore the legal successor of the deceased.

The certificate of inheritance must be applied for at the probate court (local court) at the last usual place of residence of the deceased (usually the last place of residence). Except in exceptional cases, an affidavit must be made to ensure that the information provided is correct and complete. The application can be made orally at the probate court "for the record". Alternatively, it can also be notarized by a notary and then submitted to the probate court.

If you have the opening protocol of the probate court together with the testator's notarized will or contract of inheritance, a certificate of inheritance is often not absolutely necessary. The notarized disposition of property upon death (together with the minutes of probate) then serves as a substitute for a certificate of inheritance. This is particularly important to know if there is real estate in the estate and the heir is to be entered in the land register as the new owner or the property is to be sold. If you, as the heir, only have a handwritten will or no will, you must apply for a certificate of inheritance and submit it to the land registry for the transfer of ownership once it has been issued. However, you can usually save the costs for the certificate of inheritance if you can submit a notarized disposition of property upon death (contract of inheritance, will) to the land registry.

The above explanation is intended to provide an initial insight into the subject of certificates of inheritance. It is not a substitute for advice in individual cases.

If you have specific questions or would like an assessment of your case, we will be happy to provide you with an initial consultation at any time. The costs of such a consultation amount to a maximum of EUR 190.00 plus VAT. The length of the consultation and the size of your assets are irrelevant.

Status: 22.02.2023