Probate - Application for a certificate of inheritance Unfortunately this specification of service has not yet been completely translated.
Once you have accepted the inheritance, you will often need an inheritance certificate to prove your right to inherit. The certificate of inheritance is a certificate of inheritance.
- Application for a certificate of inheritance - other documents -,
Proof of identity and documents
When you make an appointment, you will be informed which documents you have to produce.
All documents have to be presented in the original or in a publicly certified copy. Simple copies are not sufficient. Only notaries or the registry office issuing the certificate are authorised to certify copies of civil status documents.
The principle of presentation applies in the procedure. This means that the documents are to be procured by the applicant. The court does not assume this task!
In any case, the identity of the applicant must be proven at the appointment by presenting an official photo identification (valid identity card or passport).
A certificate of inheritance is only granted on application. This requires a judicially or notarially certified inheritance certificate, in which certain declarations are made and must be affirmed in lieu of an oath.
The affidavit required to obtain a certificate of inheritance can only be given by the heir. If the heir is no longer in a position to do so, for example due to illness, the affidavit can only be submitted by a court-appointed guardian. Minors are represented by their parents or a supplementary guardian
- § 352 FamFG
The probate court is responsible for issuing certificates of inheritance on the basis of both statutory and testamentary succession.
The locally competent probate court is the local court at the last habitual residence of the deceased. This is not necessarily the last domicile under registration law, but the place where the deceased last lived.
In principle, applications for certificates of inheritance can be notarised at any local court by way of legal assistance. Every heir is entitled to apply for a certificate of inheritance. It is sufficient if one of several co-heirs submits the application.
It is imperative that an appointment be made with the Bremen local courts. The applicants can also contact a notary public .
In addition to the application, it is also necessary to give an affidavit in lieu of an oath regarding certain information required by law, which must be certified by the court or by a notary public. If the application and the affidavit are to be notarised in lieu of an oath by a court, the personal appearance of at least one heir at the court is required. If, due to physical limitations, the notarisation in the house/flat of an heir is necessary, it can only be carried out by a notary.
At the court or in a notary's office you can obtain information about which documents you have to produce and which declarations you may still have to make.
After examination of the application and a written hearing with any other parties involved, the certificate of inheritance can be issued.
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