Application for a certificate of inheritance
As an heir, you need to consider whether you require a certificate of inheritance or a European Certificate of Succession.
A certificate of inheritance is a public document issued by the probate court that identifies the heir and their share of the estate.
A European Certificate of Succession serves the same purpose, but can be used in all Member States of the European Union.
If land or apartments are part of the estate and there is no notarized will with an opening protocol, a certificate of inheritance is often required in order to have the land register corrected. To apply for a certificate of inheritance or a European Certificate of Succession, you need to have some information and documents ready. The following checklist should help you to prepare for the application:
- What type of certificate of inheritance or European Certificate of Succession is being applied for?
- Is it a legal or testamentary succession?
- Are there several heirs?
- Has an execution of the will been ordered?
- Which probate court is responsible?
The competent probate court is usually the local court in whose district the deceased had their last habitual residence. If the deceased’s last habitual residence was abroad, jurisdiction can be determined according to other criteria, for example nationality, place of death or place of inheritance.
In some cases, the European Succession Regulation may also establish the jurisdiction of a court in another EU Member State.
Use our form to prepare an application for an inheritance certificate and we will get back to you with suggested dates
Who can apply for a certificate of inheritance or a European Certificate of Succession?
In principle, every heir is entitled to apply for a certificate of inheritance or a European Certificate of Succession. In addition, persons who have a right to the estate, such as those entitled to a compulsory portion, legatees or creditors, can also submit an application. The application can be submitted by a single person or jointly by several persons.
Information in the application for a certificate of inheritance: What does the applicant have to provide about themselves?
The applicant must state his or her full name, address, date of birth, nationality and relationship to the deceased.
Information in the application for a certificate of inheritance: What does the applicant have to provide about the deceased?
The applicant must provide the deceased’s full name, address, date of birth, date of death, last habitual residence, nationality and matrimonial property regime. They must also provide a death certificate or another official death certificate.
Information in the application for a certificate of inheritance: legal succession or disposition of property upon death?
The applicant must state whether he or she has been appointed as an heir by operation of law or by disposition of property upon death. In the case of statutory succession, he must determine the statutory heirs and their inheritance quotas. In doing so, he must also take into account any dispositions upon death that may exclude or influence the legal succession.
In the case of testamentary succession, the testator must specify the disposition of property upon death, e.g. will, contract of inheritance or joint spouse’s will. It must also state when and where the disposition of property upon death was made and kept. If a subsequent succession or a substitute succession has been ordered, it must state the names of the appointed persons. He must also ensure that he is not aware of any other dispositions by reason of death.
Information in the application for a certificate of inheritance: Are there any persons who would exclude the heir from the succession or reduce their share of the inheritance?
The applicant must state whether there are or were any persons who would exclude the heir from succession or reduce their share of the inheritance, for example through disinheritance, waiver of inheritance, deprivation of a compulsory portion or disinheritance. If such persons are or were present, he must indicate the manner in which they ceased to exist, for example through death, inheritance or lapse of time.
Information in the application for a certificate of inheritance: Is there a legal dispute about the right of inheritance?
The applicant must state whether a legal dispute concerning the inheritance right is or was pending, for example an action for the granting of a certificate of inheritance, contestation, restitution or compulsory portion. If a legal dispute is pending, he must state the competent court and the file number.
Information in the application for a certificate of inheritance: Is there an execution of the will?
If the testator has ordered the execution of a will, the name of the executor must be stated and proof must be provided that the executor has accepted the office. It must also be stated whether or not the execution of the will is limited in scope.
Information in the application for a certificate of inheritance: What is the value of the estate?
The value of the pure estate (value of the estate less the estate liabilities) must be stated or, if necessary, estimated.
Information in the inheritance certificate application: Acceptance of inheritance: Have the heirs accepted the inheritance?
The applicant must declare whether or not he and the other heirs have accepted the inheritance. Acceptance of the inheritance may be express or tacit. The inheritance is deemed to have been accepted if the heir acts like an heir, for example by administering, distributing or selling the estate. The inheritance is also deemed to have been accepted if the heir does not declare his or her renunciation within six weeks of becoming aware of the inheritance.
Information in the application for a certificate of inheritance: What must the applicant provide?
The applicant must, in accordance with § 352 para. 3 sentence 3 FamFG, affirm in lieu of an oath that the applicant is not aware of anything that would contradict the accuracy of the information. The affidavit can be submitted to the probate court or a notary.
What documents must the applicant submit?
The applicant must submit all public documents required to determine the succession, for example civil status documents, wills, inheritance contracts, certificates of inheritance or European certificates of succession. The documents must be presented in the original or as a certified copy. Foreign documents may have to be translated and provided with an apostille or legalization.
The probate court will examine the application and decide whether or not to grant the requested certificate of inheritance. The duration of the procedure depends on the complexity of the individual case. As a rule, you should expect to wait six weeks or a few months before you receive the certificate of inheritance or the European Certificate of Succession.
Further information from the Federal Chamber of Notaries can be found here: