Certificate of executorship
If the testator has appointed an executor to handle the estate, the executor effectively becomes an executor by accepting the office. In order to be able to fulfil their duties, authorities or banks often require confirmation or proof of the executor's position. The certificate of executorship serves this purpose.
Where do I apply for the certificate of executorship?
Pursuant to Section 2368 sentence 1 BGB, the probate court must issue a certificate of appointment upon request.
The local jurisdiction of the probate court is determined by the last habitual residence of the deceased prior to death (Section 343 FamFG). If the deceased's last habitual residence was abroad, the question of the jurisdiction of German courts is governed by the provisions of the EU Succession Regulation.
Who is eligible to apply?
The executor is authorised to file an application. If several executors have been appointed and have accepted the office, each of the executors can submit an application. However, the heirs are not entitled to file an application.
What is the content of the certificate of executorship?
The certificate of executorship is an official document that legitimises the executor in legal transactions. It also creates a basis of trust for third parties who have dealings with the executor.
The certificate initially contains the name of the testator and the executor of the will. The certificate also contains information about the testator's testamentary dispositions that deviate from the statutory provisions of the German Civil Code (BGB). The certificate also states the extent to which the executor is authorised.
What legal effect does the certificate of executorship have?
Pursuant to Section 2368 sentence 2 BGB, the provisions on the certificate of inheritance apply accordingly to the certificate of executorship. With regard to the legal effect of the certificate of executorship, this means that the presumption of correctness (Section 2365 BGB) and public faith (Sections 2366, 2367 BGB) apply in the same way as for a certificate of inheritance.
What costs are incurred for the issue of an executor's certificate?
The amount of the costs is determined by the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (GNotKG). According to § 40 para. 5 GNotKG, the business value is 20 per cent of the estate value at the time of the inheritance, whereby estate liabilities are not deducted.
What happens to the certificate after the execution of the will has ended?
Upon fulfilment or termination of the office of executor, the will becomes invalid in accordance with Section 2368 sentence 3 BGB. A separate declaration of invalidity is not necessary.