Sole heir certificate confiscation

If it subsequently transpires that the heir shown in the certificate of inheritance is not the true heir, the certificate of inheritance may be withdrawn.

If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the deceased, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir or the real heiress at court.

The proceedings are conducted ex officio by the probate court. If you request such proceedings, the following documents are helpful:

• Your identity card or passport,
• the death certificate of the deceased person (testator),
• the family record book to document the relationship,
• information on whether there is a lawsuit concerning your inheritance,
• names and addresses of co-heirs,
• evidence of the reasons why certain persons who would actually inherit are no longer heirs, for example, their death certificates, letters testamentary or declarations of renunciation of inheritance,
• if applicable, wills or inheritance contracts,
• the matrimonial property regime (in the case of married couples) or the property status (in the case of registered civil partnerships).

Forms are not required.

There is a sole heir certificate and this shows a person as heir who is not an heir.

An appeal may be lodged against the confiscation order.

The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on the grounds of incorrectness.

none

The processing time depends on the complexity of the inheritance case.

The court shall determine the costs of the court proceedings on the revocation of the certificate of inheritance in accordance with section 353 (2) sentence 1 FamFG. The amount of the costs is determined by the amount in dispute, which is calculated on the basis of the value of the estate less the debts.