Inheritance Law · Certificate of Inheritance
Certificate of Inheritance: when you need it and what it costs
The certificate of inheritance (Erbschein) is the official document proving your status as heir, to banks, the land registry and authorities. It is not needed in every case, and the application should be well prepared.
I check whether you need a certificate at all and assist with the application and affidavit, so it is quick and error-free.
Key facts
- Proof of heir status to banks, land registry & authorities.
- Applied for at the probate court (local court) at the deceased's last residence.
- Costs depend on the estate value (court + notary fees).
- Often unnecessary with a notarial will, saving time and money.
When is a certificate needed, and when not?
Usually required
When real estate is part of the estate (land register correction), for larger bank balances without a notarial will, or when banks demand proof.
Often unnecessary
If there is a notarial will with an opening record, many bodies accept it as proof: a certificate is then often not needed.
Caution when applying
Anyone applying for a certificate thereby accepts the inheritance and can no longer disclaim it. With an unclear or over-indebted estate, have it checked first.
How the application works
Clarify jurisdiction & need
We check whether a certificate is needed and which probate court is responsible.
Compile documents
Death certificate, will, civil-status documents and estate details are prepared.
Application & affidavit
The application is filed at the probate court or notary, and the affidavit is given.
Issuance
The court issues the certificate, proving your status as heir securely.
Reviewed by attorney Christian Kopitzsch
Attorney for inheritance law in Berlin, over 18 years of experience.
Frequently asked questions about the certificate of inheritance
When do I need a certificate of inheritance?
Above all when real estate is part of the estate (for the land register correction) or banks demand proof of your status as heir. With a notarial will and opening record it is often not required.
What does a certificate of inheritance cost?
The costs depend on the estate value. Court fees apply for issuance and for the affidavit, higher estate values mean higher costs. I estimate the costs for you in advance.
Where do I apply for the certificate?
At the probate court, the probate division of the local court at the deceased's last residence. The application can be filed there or via a notary.
Do I accept the inheritance by applying for the certificate?
Yes. Applying for a certificate indicates that you accept the inheritance, disclaiming is then no longer possible. With an unclear estate, have it checked beforehand.
Can a bank always demand a certificate of inheritance?
No. In 2013 the Federal Court of Justice held that banks may not generally require a certificate where the status as heir can be proven beyond doubt by other means, such as a notarial will with a court opening record. Corresponding clauses in general terms and conditions are invalid.
What is a partial certificate of inheritance?
A certificate documenting only one co-heir's status and the size of their share. It is useful where the community of heirs cannot agree on a joint application, since each co-heir can apply for it alone.
Can an incorrect certificate be corrected?
Yes. If the certificate turns out to be wrong, for instance because a later will surfaces, the probate court withdraws it of its own motion (section 2361 German Civil Code). Until then it is deemed correct, and anyone who acted in reliance on it is protected.
What is the affidavit?
When applying for a certificate of inheritance you must declare in lieu of an oath that your statements are correct and that you know of nothing contradicting them (section 2356 German Civil Code). It is given before the probate court or a notary. A false declaration is a criminal offence, so details about marital status and further heirs should be checked carefully beforehand.
Certificate needed or not?
I clarify this for your case and handle the application, fast, complete and without unnecessary costs.