Joint certificate of inheritance Issuance limited to the subject matter

The probate court can also issue a so-called joint certificate of inheritance for several heirs. Each co-heir can apply for a joint certificate of inheritance. The scope of this certificate may be limited if parts of the estate are located abroad.

When a testator dies, he usually leaves not only one heir, but several. These heirs become part of the so-called community of heirs at the time of inheritance. The estate is only divided among the individual heirs in accordance with the agreements made after the inheritance has been divided.

In principle, each individual co-heir can apply for a certificate of inheritance with which he or she can prove to third parties that he or she is the rightful heir. If, however, the community of heirs wishes to act jointly and to deal with banks, insurers and the land registry, a joint certificate of inheritance is often necessary.

A certificate of inheritance limited to the deceased's assets located in Germany (estate) (limited certificate of inheritance) can be issued by the probate court on application if the estate also includes items located abroad. A limited certificate of inheritance should be applied for if this speeds up the procedure for issuing the certificate of inheritance (e.g. because no foreign inheritance law has to be ascertained), or because the certificate of inheritance is not required abroad and costs can be saved by the restriction.

The locally competent district court.

Forms are not required.

There is a co-heirship and estate items are located both in Germany and abroad.

Complaint

Insofar as there are conflicting interests in the inheritance certificate proceedings before the probate court, the probate court may not grant the inheritance certificate immediately. The Local Court issues an order in which it states that it considers the facts required to substantiate the application for a certificate of inheritance to have been established.

Pursuant to §§ 58, 63 FamFG, the parties then have the opportunity to appeal against this order within a period of one month.

The certificate of inheritance is only granted if, after the expiry of the one-month period, no one has lodged an appeal against the order of the probate court and the order has thus become final.

In addition, pursuant to § 59 FamFG, an appeal may be lodged by a person who has not been able to convince the probate court with his or her arguments in the inheritance certificate proceedings and whose rights are thereby impaired.

Contest

By applying for a certificate of inheritance, the inheritance is automatically deemed to have been accepted - it is then no longer possible to contest the inheritance.

Heirs can then only avoid the inheritance by contesting the certificate of inheritance. However, a reason for contesting the certificate of inheritance must be proven. In principle, only the person who would benefit from a contestation may contest a certificate of inheritance. It is recommended to seek legal advice from a lawyer in this regard.

Sole Inheritance Certificates: These can only be contested by sole heirs.

Partial and joint certificates of inheritance: Each heir within the community of heirs is entitled to contest a certificate of inheritance.

After you have applied for the certificate of inheritance, the local court checks the eligibility and issues the certificate of inheritance.