Confiscation of a sole certificate

If it turns out in retrospect that the heir identified in the certificate of inheritance is not the real heir, the certificate of inheritance can be confiscated again.

If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the testator, it must collect the certificate of inheritance ex officio. The certificate of inheritance thus becomes powerless and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir or the real heiress in court.

The proceedings are conducted ex officio by the probate court. If you apply for such a procedure, the following documents are helpful:

  • your identity card or passport,
  • the death certificate of the deceased person (testator),
  • the family record book for the documentation of kinship,
  • information on whether there is a process for your inheritance law,
  • the names and addresses of the co-heirs,
  • Proof of the reason why certain persons who would actually inherit are no longer heirs, for example their death certificates, waivers of inheritance or declarations of renunciation of inheritance,
  • if applicable, wills or contracts of inheritance,
  • the matrimonial property regime (in the case of spouses) or the property regime (in the case of registered civil partnerships).

Forms are not required.

Preconditions

There is a sole inheritance certificate and this identifies a person as heir who is not an heir.

  • Information brochure of the Federal Ministry of Justice on inheritance and inheritance
  • Information brochure "Inherit - inherit" of the Lower Saxony Ministry of Justice
  • Information brochure "Inherit - inherit" of the Lower Saxony Ministry of Justice in simple language

Related Links

  • § 2361 Civil Code (BGB)
  • § 353 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

The district court examines, of its own motion or on request, whether the certificate of inheritance is to be confiscated due to incorrectness.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
25.10.2021