Service Finder
Collection of a joint certificate of inheritance
Service Description
If the probate court learns that the heirs listed in the certificate of inheritance are not the real heirs of the deceased, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and you, as the presumed heirs listed in this incorrect certificate of inheritance, can no longer jointly 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The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on grounds of incorrectness.
Who should I contact?
Please contact the locally competent district court.
Competent authority
The district court with local jurisdiction.
This is either the district court in whose district the deceased had his/her last habitual residence or the district court in whose district the renegade has his/her habitual residence.
Requirements
There is a joint certificate of inheritance and this shows persons as heirs who are not heirs.
Which documents are required?
The procedure is carried out ex officio by the probate court. Should you request 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 no longer 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 on the costs of the court proceedings on the confiscation of the certificate of inheritance. The amount of the costs is determined by the amount in dispute, which is based on the value of the estate less debts.
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
You can file an appeal against the confiscation order.
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
Professionally released on
20.07.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
Competent Authority
Amtsgericht Erfurt
Address
99092 Erfurt
Postal address
99107 Erfurt
