Table of contents:

Apply for a certificate of inheritance: form, deadlines, costs, duration
Apply for a certificate of inheritance: form, deadlines, costs, duration

Video: Apply for a certificate of inheritance: form, deadlines, costs, duration

Отличия серверных жестких дисков от десктопных
Video: how to apply legal heir certificate online ll legal heir certificate online apply 2023, February
Anonim

Not all surviving dependents have to apply for an inheritance certificate. The document only has to be requested in certain cases in order to take up the inheritance. Read here who needs a certificate of inheritance, where to apply for a certificate of inheritance, what it costs and how long you have to expect until the exhibition.

What is the purpose of a certificate of inheritance?

The certificate of inheritance is a document that specifies who is entitled to inherit. The certificate of inheritance also contains information on the parts of the inheritance that are to be divided if there is a community of heirs, i.e. several persons are entitled to inherit.

When do you need a certificate of inheritance?

A certificate of inheritance is not generally necessary. If you are a sole heir and have a notarial will or an inheritance contract, you usually do not need it.

However, if you cannot present these documents or if the will is not divided among the community of heirs in the will, you usually need the certificate of inheritance in order to prove your inheritance to banks or authorities and to be able to do the testator's business.

These include, for example:

  • Completion of banking transactions, rewriting of accounts (sometimes, however, notarial, sometimes even private wills are sufficient for the banks, see also BGH, judgment of 05.04.2016, ref.: XI ZR 440/15)
  • Termination of contracts
  • Land register change in the case of inheritance of a property (unless a notarial will or an inheritance contract clearly proves the transfer of ownership, see also OLG Hamm, judgment of 26.07.2013, ref.: 15 W 248/13)
  • Cancel or manage rental contracts
  • Registration of a change of partner (a notarial will or an inheritance contract may also be sufficient)

Important: applying for a certificate of inheritance does not make you an heir. The document merely states what rights a person has to inherit by law. The certificate of inheritance does not create any facts in this regard, but only names them.

Inheritance certificate and power of attorney

A proxy can also make a certificate of inheritance superfluous. However, it must be a transmortal health care proxy, i.e. one that is valid beyond death. With this, the heirs can act after the testator's death in his authority, such as doing banking or making changes to the land register. (OLG Munich, judgment of 04.08.2016, file number: 34 Wx 110/16)

Tip: If a land register entry is made with a power of attorney and without a certificate of inheritance, the heir is not exempt from the applicable fee. No. 14110 KV GNotKG exempt. So it's worth comparing costs here.

Erbe
Erbe

The inheritance certificate avoids inconsistencies in the division of the inheritance.

Photo: fotolia / Daniela strengk

What deadlines must be paid attention to?

When applying for a certificate of inheritance, there are no deadlines to be observed. The application can be submitted whenever it is popular. As a rule, however, the bereaved take care of it fairly quickly after the death in order to be able to do the necessary organizational things. However, there is no obligation to apply for the inheritance certificate within a certain period.

Who can apply for a certificate of inheritance?

Any heir can apply for a certificate of inheritance. It is not important here whether the claim to inheritance is based on the legal succession or is evidenced by a will or an inheritance contract.

If several people are entitled to the inheritance, one speaks of a community of heirs. In this case too, all individuals can apply for a certificate of inheritance (a so-called partial certificate of inheritance). However, this then only contains the information relevant to the respective person. It only provides information about the inheritance share of this one person. The rest of the breakdown is not noted.

If all information on the division of the inheritance is to be included in the certificate of inheritance, the surviving dependents must apply for a joint certificate of inheritance.

Minors are a special case if an inheritance certificate is to be applied for. Here the parents or the custodians must make the application.

Where can you apply for the certificate of inheritance?

In order to receive a certificate of inheritance, you must submit an "application for a certificate of inheritance". You can either do this yourself at the probate court or you can hire a notary.

Since it may be difficult to get appointments at probate courts, it is worthwhile to hire a notary in particularly urgent cases.

Where do you have to apply for the certificate of inheritance?

It is essential that you apply for a certificate of inheritance in the right place. This is always the testator's last place of residence. This is important if you are at a different place from where the deceased was last. If the testator has not been habitually resident in Germany recently, the application according to § 343 para. 1 and 2 FamFG at the place where the deceased usually last had his residence.

Documents for the certificate of inheritance

If you want to apply for a certificate of inheritance, you need various documents and documents. It should be noted that you must submit or present these original documents together with the application for a certificate of inheritance. Once the process is complete, the original documents will be returned.

Since there are numerous organizational matters to be dealt with in the event of a death, it is advisable to have certified copies made by a notary. As it sometimes takes a while to apply for a certificate of inheritance and you may have to wait longer for the originals to be returned, you can still act with the copies and do other business.

Nachlass-Stempel
Nachlass-Stempel

In the event of death, many organizational things have to be done.

Photo: fotolia / Gerhard Seybert

You will need these documents for the certificate of inheritance

To apply for a certificate of inheritance, you must be able to present these documents:

  • Your identity card or passport
  • Death certificate
  • Family register
  • Names and addresses of the co-heirs and other relatives
  • If available: will or contract of inheritance
  • If applicable, affidavit that no testament or contract of inheritance is known
  • If applicable, an inheritance waiver contract or death certificates from heirs

In the family register there are usually certified copies of marriage certificates, birth and death certificates. This enables the exact relationship relationships to be traced and documented. This is particularly important if the inheritance is divided according to the legal succession.

In the case of married people, information about the property status must also be given; persons in registered civil partnerships must state the property status.

Apply for a certificate of inheritance: template

Each inheritance is individual, but a template for applying for a certificate of inheritance can still be useful. We provide you with such a template for download free of charge. Adjust these according to your individual needs and add the necessary systems:

  • Apply for a certificate of inheritance: model for sole heirs
  • Apply for a certificate of inheritance: sample for joint heirs

Apply for a certificate of inheritance: Which costs arise?

If you apply for a certificate of inheritance, you as the applicant incur costs. These are also payable if you instruct a notary to apply for a certificate of inheritance.

The amount of the costs for a certificate of inheritance depends on the Court and Notary Expenses Act (GNotKG) and depends on the amount of the estate value. The higher it is, the higher the fees.

If you apply for a certificate of inheritance, you must pay the fee provided for in No. 12210 of the schedule of costs. In addition, the affidavit is required in most cases. The height corresponds to No. 23300 KV of the actual fee. The total costs are doubled.

You can see the costs for the inheritance certificate in the table:

Estate value

fee

total cost

500

15

30th

5, 000

45

90

50, 000

165

330

110, 000

273

546

200, 000

435

870

500, 000

935

1, 870

1, 000, 000

1, 735

3, 470

1, 500, 000

2, 535

5, 070

2, 000, 000

3, 335

6, 670

Tip: The same fees are charged at the probate court and at the notary. However, if you apply for the certificate of inheritance without a notary, you can save the VAT that the notary charges. This does not apply to the probate court.

What are the legal consequences of applying for a certificate of inheritance?

If you have applied for a certificate of inheritance, this has considerable legal consequences. On the one hand, you can now deal with the business, banking and government matters that arise in the wake of the death. On the other hand, applying for a certificate of inheritance also means that you accept the inheritance. Once you have submitted the application, you can no longer reject the legacy. You should be aware of this before you act.

Apply for a certificate of inheritance: duration

As far as the duration, how long you have to wait for your certificate of inheritance, it is hardly possible to give a general answer. Depending on the capacity of the estate courts, you can receive your certificate of inheritance within a few weeks, but it can also take significantly longer during vacation periods.

It is important for speedy processing that you apply for the certificate of inheritance and immediately enclose all the necessary documents. Inquiries are therefore unnecessary and you will receive your certificate of inheritance faster than if you have to submit documents.

Nadine Kleber

Popular by topic