What is a German Certificate of Inheritance?
The German certificate of inheritance (Erbschein) is a document issued by a German probate court, that states the identity of the heir and his respective share in the estate as well as any limitations to the heir's power of disposition over the estate, which may result from the ties on preliminary heir (Vorerbe) and subsequent heirship (Nacherbe) or from the appointment of a German executor (Testamentsvollstrecker). A German certificate of inheritance is often required to prove the heir's right of inheritance, especially when immovable property is part of the estate.
When do I need a German Certificate of Inheritance?
There is no specific law that requires a German certificate of inheritance (Erbschein) to be obtained and/or presented to administer an estate in Germany. Practically, heirs or executors will need to obtain a German certificate of inheritance or executorship (or both) to access and marshal assets in Germany.
Where do I have to apply for a German Certificate of Inheritance?
The application must be submitted to the competent German probate court (Nachlassgericht). However, the application document can be signed in front of a German notary (Notar) in Germany or a German Consular officer (who is entitled to do so).
Who can apply for a German certificate of inheritance?
A German certificate of inheritance can be applied for by any
- heir (Erbe) or co-heir,
- executor (Testamentsvollstrecker) and/or
- creditor.
Can I apply for a German certificate of inheritance abroad?
You can notarise the application and the affirmation in lieu of an oath (eidesstattliche Versicherung) at many German consulates general. However, the staff at many German consulates general are very busy so you can expect longer waiting times. In the case of complex wills or trust documents, you may also be referred to a specialist. After the application is signed, the German Consulate generally hands the notarized application document to the applicant or his representative, who then must file it with the competent German probate court (Nachlassgericht).
Does a German certificate of inheritance cover foreign assets?
A German Certificate generally covers the worldwide estate. However, many foreign countries will not recognize it as proof of the rights of the heirs shown on the certificate. Upon application, the German probate court can limit the scope of the Certificate of inheritance to the assets located in Germany.
How long does it take to obtain a German certificate of inheritance?
The timeline varies significantly depending on the complexity of the estate and the workload of the probate court.
What do I have to do if the German certificate of inheritance is incorrect?
If the heir shown on the certificate of inheritance is actually not the true heir (e.g., because a new Will was found or a successful Will contest), the probate court should revoke the certificate and ask the person holding the document to return it to the court. The revocation proceedings are initiated ex officio. However, it is generally advisable to inform the court of the pertinent fact and ask it for the revocation.
Does a foreign executor qualify for a German certificate of inheritance?
A foreign executor can apply for a certificate of inheritance. However, this will typically not show him as heir (Erbe). However, a foreign executor may qualify for a German certificate of executorship (Testamentsvollstreckerzeugnis), which shows his name and powers.
Does a foreign trustee qualify for a German certificate of inheritance?
Some foreign trustees qualify for a German certificate of inheritance, which shows them as an heir (Erbe). However, most foreign trustees may only qualify for a German certificate of executorship.
