Why do I need a certificate of inheritance?
There is no obligation for the heir or heirs to apply for a certificate of inheritance. The issue of a certificate of inheritance is also not a prerequisite for inheritance. Instead, the heir automatically becomes an heir at the time of death without having to declare acceptance of the inheritance separately or apply for a certificate of inheritance. So why do you need a certificate of inheritance at all? Heirs need a certificate of inheritance to be able to identify themselves as heirs to other people and authorities. For example, if no notarised will has been drawn up, the land registry requires a certificate of inheritance before changing the ownership position in the land register. If items belonging to the estate, such as a car, are to be sold, the buyer cannot know whether the person concluding the purchase agreement is authorised to dispose of the item at all without a certificate of inheritance. If the buyer does not obtain a certificate of inheritance, his good faith that the seller has also become the heir and is authorised to dispose of the property is not protected. However, a certificate of inheritance may not be necessary, for example, if there are no significant assets of the deceased other than bank balances and the heir already has a bank power of attorney that is effective after death. In this case, the heir can already dispose of the assets by virtue of his bank authorisation without the bank requesting a certificate of inheritance. Therefore, do not apply for a certificate of inheritance prematurely, but first consult a specialist inheritance lawyer to clarify whether you need a certificate of inheritance and, if so, for what purpose. The lawyer will then also help you to formulate the application.
Can banks require a certificate of inheritance?
In many cases, the heirs will have no choice but to apply for a certificate of inheritance in order to settle the estate, as contractual partners of the deceased (such as the deceased's landlord, the deceased's tenant, insurance companies, etc.) require the presentation of a certificate of inheritance before they accept declarations from the heirs regarding the estate. However, contractual partners cannot insist on the presentation of a certificate of inheritance in all cases. The clause contained in the general terms and conditions of a municipal savings bank, according to which the savings bank may demand the presentation of a certificate of inheritance or similar after the death of the customer in order to clarify legal authorisation, was deemed invalid by the courts. The heir is not obliged to prove his or her right of inheritance by means of a certificate of inheritance - this proof can also be provided in another form, for example by means of a notarised will. Therefore, according to the judgement of the Federal Supreme Court, the savings bank was not allowed to insist on the certificate of inheritance (BGH, Ref.: XI ZR 401/12).
When is there a dispute about the certificate of inheritance?
In some cases, especially if the testator's will is not clear and allows for interpretation, disputes may arise during the certificate of inheritance procedure. If a certificate of inheritance is applied for at the probate court, the court informs all persons who are eligible as legal heirs as well as all persons included in the will. The probate court combines this information with a request to notify any objections to the granting of the certificate of inheritance within a certain period of time. Even if no objections have been raised, the court will check on its own initiative whether there are any arguments against granting the certificate of inheritance applied for. However, the court can of course only carry out this examination on the basis of the information that is available to the court or that has been brought to its attention. For this reason, the persons contacted by the court should of course get in touch if they have any objections, e.g. because they know of circumstances that speak in favour of a different interpretation of the will.
How do I apply for a certificate of inheritance?
The certificate of inheritance can be applied for either through a notary or directly with the judicial officer of the probate court. If the will is complex, difficult to understand or allows for different interpretations, you should consult a specialist inheritance lawyer before applying. If necessary, they will agree with the probate court in advance how the application for a certificate of inheritance should be formulated. The application can be difficult if there are various possible interpretations. The court is not allowed to amend or change an application on its own initiative. If the application does not correspond exactly to the order of succession that the court considers to be correct, it must reject the application outright and cannot improve or amend it on its own initiative. This means that the procedure for issuing the certificate of inheritance can take a very long time if applications have to be corrected retrospectively.
The certificate of inheritance is issued as a sole certificate of inheritance or as a joint certificate of inheritance for all co-heirs or as a partial certificate of inheritance for each co-heir separately. The certificate of inheritance only lists the heir or heirs with their respective inheritance quotas. Persons who are beneficiaries on the basis of legacies but have not been designated as heirs are not mentioned in the certificate of inheritance. Persons who are only entitled to a compulsory portion are also not named in the certificate of inheritance, as they are not heirs.
The application for a certificate of inheritance is usually subject to a fee and is calculated according to the value of the estate. However, the sums are rather small in relation to the inheritance and are regulated by law.
What does a certificate of inheritance cost?
The court fees for the certificate of inheritance are based on the German Court and Notary Fees Act (GNotKG) and depend on the value of the estate. As a rule, two fees are charged for the issue of the certificate of inheritance: one for the issue itself and one for the acceptance of the affidavit with which you substantiate your statements in the application. For example, if the estate amounts to 110,000 euros, you will pay a total of 546 euros. The notary will add the statutory value added tax.