🗂️ Certificate of inheritance and European Certificate of Succession
In brief
A certificate of inheritance confirms who the heir is and in what share. You apply for it at the probate court.
You do not always need one. If there is a notarial will, banks often accept the document together with the court's record of opening.
The certificate of inheritance costs fees. The amount depends on the value of the estate.
For estates with an EU cross-border element there is the European Certificate of Succession. Certified copies of it are valid for only six months.
Step by step
- Check whether a certificate of inheritance is neededAsk the bank, land registry or other body which proof suffices.
- Apply to the probate courtYou file the application for a certificate of inheritance with the probate court, usually through a notary.
- Have details and evidence readyDeath certificate, family documents, will if there is one.
- Ask if a foreign element is involvedCheck whether a European Certificate of Succession makes sense.
Deadlines
- An application for a certificate of inheritance can be treated as acceptance of the inheritance. If you want to disclaim, do not apply for one.
- Costs follow the Court and Notary Costs Act and the value of the estate. Ask beforehand.
- Banks may not generally demand a certificate of inheritance from consumers (BGH XI ZR 401/12). Where there are specific doubts, the bank may demand one in an individual case.
In depth · legal basis, figures and practice – for advisers and professionals
Certificate of inheritance
§ 2353 BGB: on application, the probate court must issue the heir a certificate of their right of inheritance and, where they are called only in part, of the size of their share (certificate of inheritance).
Other proof
On 8 October 2013 (XI ZR 401/12, BGHZ 198, 250) the Federal Court of Justice ruled that a clause in a savings bank's general terms and conditions that generally demands a certificate of inheritance is invalid towards consumers under § 307 Abs. 1, Abs. 2 Nr. 1 BGB. The heir can also prove their right of inheritance in other ways, for example, with a notarial will, by the document together with the record of opening. Where there are specific doubts about the legal position, the bank may demand a certificate of inheritance in an individual case.
European Certificate of Succession
The EuErbVO (Regulation (EU) No 650/2012) introduces a uniform certificate with which heirs can prove their status in the member states (purpose: Art. 63). It applies only to deaths from 17 August 2015 (Art. 83 Abs. 1) and does not bind Denmark and Ireland. In principle, the applicable law is determined by the deceased's habitual residence at the time of death; under Art. 22 a choice of law in favour of the law of nationality is possible. The evidentiary effect of the certificate is governed by Art. 69. Under Art. 70, certified copies are valid for six months; in justified exceptional cases a longer period can be set (Art. 70 Abs. 3).
Court fees
A 1.0 fee applies for the certificate of inheritance (KV Nr. 12210 GNotKG), and a further 1.0 fee for the affidavit (KV Nr. 23300). The amount follows from table B (§ 34 GNotKG); the transaction value is the value of the estate minus the testator's debts (§ 40 GNotKG).
Gap
Questions of competence in the federal states and the procedure with several heirs are not documented.
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