Issuance of a Certificate of Inheritance, Application for a Certificate of Inheritance, and Affidavit
The local court (Amtsgericht) has jurisdiction as the probate court for the issuance of a certificate of inheritance.
The application for a certificate of inheritance may be submitted in writing, and representation (e.g., by a lawyer specializing in inheritance law) is permitted.
However, to verify certain (mandatory) information, the applicant must make an affirmation in lieu of an oath (eidesstattliche Versicherung) before a German probate court or a German notary public (Notar) stating that they are not aware of anything that would contradict the accuracy of their statements.
Since the affidavit is generally submitted together with the application for a certificate of inheritance, it is often said that the application for a certificate of inheritance is notarized. Strictly speaking, however, it is sufficient for only the affidavit to be notarized.
Regarding the necessity and general requirements for the issuance of a certificate of inheritance, we refer you to the article “German Certificate of Inheritance".
Certification of an Application for a Certificate of Inheritance at a German Consulate General or Embassy in the United States
Pursuant to Section 12(2) of the Consular Act (KonsG), consular officials are authorized to take an affirmation in lieu of an oath (eidesstattliche Versicherung) for the purpose of obtaining a German certificate of inheritance, a European Certificate of Succession, or a German certificate of executorship. The German Embassy in Washington, D.C., and the Consulates General (in Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco) also offer the certification of affidavits and applications for a certificate of inheritance, a certificate of executorship, or a European Certificate of Succession.
However, applicants often have to wait several months for an appointment at a German diplomatic mission in the U.S. to have an application notarized.
In the case of a complex estate or when a U.S. trust is involved, German consulates general will often require that the application be prepared by a specialist in German-U.S. inheritance law.
Our service: We are happy to prepare the application for you and file it with the probate court. Furthermore, we will prepare the affidavit for you and arrange for its notarization at a German diplomatic mission in the U.S.
Alternatives to having the application for a certificate of inheritance notarized at a German Consulate General in the United States
Affidavit before a U.S. notary public and waiver of the affidavit
Another option is to make the affidavit before a U.S. notary public and submit the request for waiver of the affidavit before a German notary or an authorized consular official.
The probate court will then waive the sworn statement if it does not deem it necessary. See § 352(3) FamFG.
Unfortunately, German probate courts, particularly the Schöneberg Local Court in Berlin, are often reluctant to waive the requirement for an affidavit and typically only waive the requirement if the declarant is unable to travel due to illness or if the effort involved in traveling is clearly disproportionate.
Of course, there may also be other valid reasons why an affidavit is not required (and thus may be waived) in individual cases. Ultimately, it always depends on the individual case.
Our service: We advise you on whether the conditions for waiving the affidavit are met. If there is a good chance that the probate court will waive the affidavit, we prepare the affidavit for signature before a U.S. notary and file the application with the probate court on your behalf.
Applying for a Certificate of Inheritance before a German notary in Germany
It is always possible to file an application for a Certificate of Inheritance before a German notary. However, most German notaries are not familiar with U.S. law. Therefore, German notaries always recommend seeking advice from a specialist.
Our service: We advise you on the appropriate course of action before engaging the notary and, if desired, represent you in the proceedings for the issuance of the certificate of inheritance.
