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Apply for a certificate of inheritance limited to a single person

Service Description

A sole heir certificate testifies that you alone are the legal successor to the deceased. This is the case if the deceased person designated you as the sole or universal heir in a will or on the basis of an inheritance contract. Or if you are the sole heir under the statutory succession because all the other co-heirs have disclaimed the inheritance.

If the inheritance includes estate items both in Germany and abroad, you can apply to the probate court for a certificate of inheritance limited to the specific items. This certificate of inheritance is limited to the estate located in Germany. This may be advisable if it speeds up the procedure for issuing the certificate of inheritance (for example, because no foreign inheritance law has to be determined) or because the certificate of inheritance is not required abroad and costs can be saved as a result of the restriction.

Process flow

You must apply for a certificate of sole inheritance at the competent probate court (local court):

  • Make an informal application there for the issue of a sole inheritance certificate and attach all the necessary documents.
  • Alternatively, you can submit the application
    • through an authorized person, such as a notary public or a lawyer, or
    • declare it on the record at court.
  • Make an affirmation in lieu of an oath in person before the local court or before a notary public. In doing so, you affirm that you are not aware of anything that contradicts the correctness of the information you have provided in the application for a certificate of inheritance.
    • This is not necessary if the local court waives it.
    • If a notary certifies the affirmation in lieu of oath, this person can certify the application for a certificate of inheritance at the same time.
  • The local court checks your eligibility and issues the certificate of inheritance.

Competent authority

As a rule, the district court in whose district the deceased person had his or her last habitual residence is responsible.

You can find the local courts with further contact options and service times via the location and court search.

Probate court (local court)

Requirements

  • You are the sole heir
  • You accept an inheritance that includes items at home and abroad.

Which documents are required?

  • Identity card or passport
  • Death certificate of the deceased person, i.e. the testator
  • If applicable, documents to document the status as legal heir, for example
    • Family register
    • Birth certificates,
    • Marriage certificate
  • Information on whether there is a lawsuit concerning your right of inheritance
  • Evidence as to why certain persons who would actually be (co-)heirs are not heirs, for example:
    • Death certificates
    • Declarations of heirship
    • Declarations of renunciation of inheritance
  • If applicable, submission or details of wills or inheritance contracts
  • In the case of married couples: Proof of matrimonial property regime
  • in the case of registered partnerships: Proof of asset status
  • Statement or proof that items of the estate are located abroad

What are the fees?

  • The amount of the fees depends on the value of the estate in Germany.
  • For example, the issuance of a sole inheritance certificate by the probate court costs
    • for an estate value of EUR 30,000 EUR 125.00,
    • for an estate value of EUR 100,000 EUR 273.00 and
    • for an estate value of EUR 500,000 EUR 935.00.
  • In addition, you must pay fees in the same amount for the certification of an affidavit at the probate court or with a notary public. If applicable, clerical expenses and value-added tax must also be added.

What deadlines do I have to pay attention to?

You do not have to meet any deadlines.

Legal basis

Applications / forms

  • Complaint
  • Request for withdrawal of the certificate of inheritance

Appeal

Forms:
Online procedure possible:
Written form required: no
Personal appearance required:

  • for application: no
  • for affidavit: yes

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

30.01.2023

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

Competent Authority

Amtsgericht Stadtroda

Postal address
Post office box 150
07641 Stadtroda

Address
Schloßstr. 2
07646 Stadtroda
Telephone
036428 46-0
Fax
036428 466-39
E-Mail
Contact us
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Local court Stadtroda