Certificate of inheritance: when is it needed?

In short: The certificate of inheritance (Erbschein) is an official document proving an heir’s legal succession to third parties. It isn’t needed in every inheritance case, but in many situations it’s essential.

In more detail: Banks, land registries, and other institutions often require a certificate of inheritance before releasing assets to heirs.

In detail

• Application: The certificate is applied for at the competent probate court, usually the local court where the deceased last resided.
• Alternative with notarized will: If a notarized will with an opening record exists, some institutions waive the need for an additional certificate.
• Costs: Fees for the certificate are based on the value of the estate and can be substantial for larger estates.
• Processing time: Issuance can take several weeks to months depending on the complexity of the case, especially with unclear inheritance circumstances.
• Joint certificate: With multiple heirs, a joint certificate can be requested, showing the inheritance shares of all parties involved.
• Liability risk: Anyone applying for a certificate must swear an affidavit that the information on succession is correct; false statements can have criminal consequences.
• Land registry entry: For re-registering real estate in the land registry, the certificate is generally mandatory unless a notarized will exists (testament-und-gesetzliche-erbfolge, pflichtteil-und-erbschaftssteuer-grundlagen).