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Apply for a single certificate of inheritance based on a will

Service Description

The sole heir certificate is issued by the probate court. It proves that you are the sole heir, i.e. that you are the sole legal successor to the deceased. This is the case if the deceased person appointed you as sole or universal heir in a will or inheritance contract.

The certificate of inheritance gives you access to the deceased person's bank accounts, for example, or you can apply for entries in the land register.

Process flow

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

  • Make an informal application there for a certificate of sole inheritance and attach all the necessary documents to your letter.
  • Alternatively, you can submit the application via 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 local and court directory.

Probate court (local court)

Requirements

You can only apply for a sole heir certificate if you are the sole heir.

Which documents are required?

  • Identity card or passport
  • Death certificate of the deceased person, i.e., the testator
  • 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
  • Wills or inheritance contracts or at least the details thereof, for example in the case of special official safekeeping
  • in the case of married couples: proof of the matrimonial property regime, if applicable
  • in the case of registered civil partnerships: where applicable, proof of the property status

What are the fees?

  • The amount of the fees depends on the value of the estate after deduction of the decedent's debts.
  • For example, the issuance of a sole certificate of inheritance 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
WWW
Local court Stadtroda