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Collection of a sole inheritance certificate

Service Description

If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the decedent, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir at court.

Process flow

The Local Court shall examine ex officio or upon application or suggestion whether the certificate of inheritance is to be withdrawn due to incorrectness.

Who should I contact?

Please contact the locally competent district court.

Competent authority

The locally competent district court.
This is always the probate court that had issued the certificate of inheritance.

Requirements

There is a sole heir certificate and this shows a person as heir who is not an heir or not a sole heir.

Which documents are required?

The proceedings are carried out ex officio by the probate court. If you request or initiate such proceedings, the following documents are helpful:

  • Your identity card or passport,
  • the death certificate of the deceased person (testator),
  • the family register to document the relationship,
  • Information on whether there is a lawsuit regarding your inheritance rights,
  • names and addresses of co-heirs,
  • evidence of the reasons why certain persons who would actually inherit are not heirs, for example, their death certificates, declarations of heirship or waivers of heirship,
  • if applicable, wills or inheritance contracts,
  • the marital property status (in the case of married couples) or the asset status (in the case of registered civil partnerships).

What are the fees?

The court shall decide whether and who is to bear the costs of the court proceedings on the collection of the certificate of inheritance.

The amount of the court fees is determined by the amount in dispute, which is based on the value of the estate less debts, and amounts to a maximum of 400 euros.

What deadlines do I have to pay attention to?

None

Processing duration

The processing time depends on the complexity of the inheritance case.

Legal basis

Applications / forms

An appeal may be lodged against the confiscation order and against the rejection of the application for confiscation.

Appeal

Forms are not required.

Author

The text was automatically translated based on the German content.

Technically approved by

Thuringian Ministry for Migration, Justice and Consumer Protection (TMMJV)

Professionally released on

07.02.2023

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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