After the loss of a loved one, there comes a time when someone has to take care of the estate of the deceased person. If a property is in the estate, heirs often have to present a certificate of inheritance to banks, insurance companies or authorities. Since common knowledge about the content and function of a certificate of inheritance is less than that of a will, I would like to use this article to explain the most important points concerning the certificate of inheritance in a brief and comprehensible manner:
What is a Certificate of inheritance?
A heir's certificate is a public deed (see § 407 ZPO) and serves as proof to third parties (banks, insurance companies or authorities, in the case of real estate especially to the land registry) that one is entitled to dispose of the inherited property. The certificate of inheritance thus records who is heir and how high the respective inheritance share is.
When is it necessary to apply for a certificate of inheritance?
It is always necessary to apply for a certificate of inheritance if no notarized will is available. If the testator has only left a private will or has not made a deceased's will, so that the legal succession takes place, the certificate of inheritance is mandatory in order to accept the inheritance. If, however, a house/apartment is in the estate, the application is mandatory, if only because the land register regulations require the presentation of a certificate of inheritance. Otherwise you could not be registered as the new owner in the land register by the land registry office.
Where do I have to apply for the certificate of inheritance?
You apply for the certificate of inheritance at the locally competent probate court. This is always the local court in whose district the deceased had his/her last residence. The application can be made orally by an heir, an executor of a will or the guardian of an heir to the responsible judicial officer at the local court or in writing.
Which documents do I need to apply for?
You first prove your identity to the judicial officer by presenting your identity card. For processing, you also submit the death certificate of the testator(s) (if applicable, also of previously deceased heirs of the legal succession), the marriage certificate and proof of marital property status, a list of all heirs and, if applicable, an existing will.
What does it cost to apply for a certificate of inheritance?
The amount depends on the estate value. The higher the value of the inheritance, the more expensive the certificate of inheritance becomes. To have an idea: With an inheritance of EUR 50,000.00 the fees are currently EUR 165.00 and with an inheritance of EUR 500,000.00 they are EUR 935.00.
In order to save money, you could do without having to apply for the certificate of inheritance through a notary. Just stick to the above explanations. The costs of the notary would be exactly the same as the costs for the application for the certificate of inheritance, since the fees are charged according to the Court and Notarial Costs Act (GNotKG).
If you have any further questions, please contact me directly by e-mail to dw@jasper-law.com
Author: Lawyer Dennis Wiegard
Düsseldorf, November 3rd, 2020
