Bundesportal | Sole certificate of inheritance Granting of limited certificate of inheritance

More Information

Publisher

Hesse

Last update or date of publication

November 15, 2021

Contact

The government service telephone number 115 – your point of contact for questions related to the federal, state and local.

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A sole heir certificate testifies that you alone are the legal successor to the deceased. This is the case if the deceased person designated you as the sole or universal heir in a will or on the basis of an inheritance contract. Or if you are the sole heir under the statutory succession because all the other co-heirs have renounced their inheritance.

You can also apply for a limited certificate of inheritance at the probate court. If there is an estate abroad in the form of objects, this certificate of inheritance is restricted to the estate located in Germany.

Preconditions

You are the sole heir
You accept an inheritance that includes items at home and abroad.

The amount of the fees depends on the value of the estate in Germany after deduction of the debts of the testator.
For example, the issuance of a sole inheritance certificate by the probate court costs
- for an estate value of EUR 30,000 EUR 125.00,
- for an estate value of EUR 100,000 EUR 273.00 and
- for an estate value of EUR 500,000 EUR 935.00.
In addition, you must pay fees in the same amount for the certification of an affidavit at the probate court or with a notary public. If applicable, clerical expenses and value-added tax must also be added.

Basis for legal action

§ 352b Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit (FamFG)

§§ 2353 bis 2370 Bürgerliches Gesetzbuch (BGB)

Legal Remedies

Complaint
Request for withdrawal of the certificate of inheritance

Procedure

You must apply for a certificate of sole inheritance at the competent probate court (local court):

Make an informal application there for the issue of a sole inheritance certificate and attach all the necessary documents.
Alternatively, you can submit the application
- through an authorized person, such as a notary public or a lawyer, or
- declare it on the record at court.
Make an affirmation in lieu of an oath in person before the local court or before a notary public. In doing so, you affirm that you are not aware of anything that contradicts the correctness of the information you have provided in the application for a certificate of inheritance.
- This is not necessary if the local court waives it.
- If a notary certifies the affirmation in lieu of oath, this person can certify the application for a certificate of inheritance at the same time.
The local court will check your eligibility and issue the certificate of inheritance.

Deadlines

You do not have to meet any deadlines.

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