After the death of a relative, heirs are often faced with the question of how they can prove their status as heirs to banks, land registries or insurers. In many cases, a so-called certificate of inheritance is required for this purpose. The certificate of inheritance is a key document under German inheritance law: it clarifies the order of succession, but it can also involve costs and legal risks. This makes it all the more important to know when a certificate of inheritance is actually necessary – and when it is not.

What is a certificate of inheritance and what legal effect does it have?

A certificate of inheritance is a document issued by the probate court confirming the inheritance rights of one or more persons. It states who has become an heir and what share of the estate each heir is entitled to. In certain cases, it also contains restrictions, for example in the case of prior and subsequent inheritance.

From a legal perspective, the certificate of inheritance has strong legitimising effect. Anyone in possession of a certificate of inheritance is regarded in legal transactions as the entitled heir. Third parties, such as banks or purchasers of estate assets, may generally rely on the correctness of the certificate of inheritance. However, this also means: if it later turns out that the certificate of inheritance was incorrect, significant legal and financial consequences may arise.

When is a certificate of inheritance required – and when is it not?

A certificate of inheritance is often required when heirs wish to access bank deposits or have real property re-registered. Land registries in particular regularly require proof of inheritance if there is no notarised will or inheritance contract.

A certificate of inheritance is not required, however, if the deceased left a notarised will or a notarised inheritance contract. Together with the court’s opening protocol, these documents generally replace the certificate of inheritance. In such cases, banks are also generally not permitted to demand an additional certificate of inheritance.

This is precisely where it becomes clear that a certificate of inheritance is not automatically necessary. In practice, applying for one without legal review often leads to unnecessary costs that must be borne by the estate.

Application and costs of the certificate of inheritance

The certificate of inheritance is issued upon application to the competent probate court. The application can be filed either directly with the court or via a notary. In doing so, the heirs must provide extensive information, for example about the deceased, the succession, and any other potential heirs. This information must be declared in lieu of an oath, which requires particular care.

The costs of the certificate of inheritance are based on the value of the estate and are governed by the German Court and Notary Costs Act (GNotKG). The higher the value of the estate, the higher the fees. In addition, there may be notary fees for filing the application.

It should also be noted that applying for a certificate of inheritance is generally regarded as implied acceptance of the inheritance. Anyone who applies for a certificate of inheritance can no longer disclaim the inheritance later – even if it subsequently turns out that the estate is over-indebted.

Risks and alternatives to the certificate of inheritance

A certificate of inheritance is not merely a formal document, but a declaration with far-reaching legal implications. Incorrect information, unclear succession, or overlooked co-heirs can result in the certificate of inheritance later being withdrawn or declared void. In such cases, reversals and liability issues may arise.

As an alternative – as already mentioned – a notarised will in particular may be considered. It not only provides legal certainty during the testator’s lifetime, but also often spares heirs the costly certificate-of-inheritance proceedings. Early legal review by an attorney can also clarify whether a certificate of inheritance is actually required or whether other evidence will suffice.

Conclusion

The certificate of inheritance is an important instrument for legitimising heirs, but it is not required in every case. Applying for it involves costs, legal commitments and risks. Heirs should therefore have it reviewed in advance whether a certificate of inheritance is truly necessary or whether there are more appropriate alternatives. Sound legal advice protects against unnecessary expenses and far-reaching wrong decisions.

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