Certificate of executorship (Testamentsvollstreckerzeugnis)

The German Certificate of Executorship (Testamentsvollstreckerzeugnis) states the identity of the German executor (Testamentsvollstrecker) or comparable foreign executors. Furthermore, it shows any limitations to the executor`s power of disposition over the estate. Pursuant to § 2365 BGB, it is presumed that the person identified as German executor in the Certificate of Executorship has the power to dispose over all estate assets limitations other than those stated. Furthermore, § 2366 BGB protects those who acquire an item belonging to the estate from the person named as executor in the German Certificate of executorship in good faith. They obtain title even though the executor does not have the right to dispose of the item unless the certificate shows that his right to dispose of the estate are limited or he does not have the statutory power to dispose of the asset under the agreed terms (e.g. because it is a gift or partial gift).