Alleinerbschein beantragen

They inherited alone. In business transactions (e.g. with banks, insurance companies or authorities) it may be necessary to prove your status as heir.

With the sole certificate of inheritance, the competent probate court confirms your status as heir as sole heir after the deceased. In order to dispose of an inheritance, it is in many cases necessary to present a certificate of inheritance as proof of your claim.

A certificate of inheritance may be required, for example, if:

• there is no will, i.e. the legal succession has occurred,
• a plot of land belongs to the estate and there is only a private and no notarial will,
• the content of the will is ambiguous.

If there are no other heirs besides you, you can apply for a sole certificate of inheritance.

With the sole certificate of inheritance, you can prove your sole right of disposal over the inheritance in business transactions, for example with banks or authorities.

To apply, please contact the competent probate court or a notary. Prior appointment by the probate court may be required. The competent probate court is the district court in whose district the testator had his last habitual residence at the time of his death. The application can also be submitted to the district court responsible for your place of residence.

It is necessary to submit civil status certificates (e.g. birth certificate, death certificate, marriage certificate, extracts from the family register) and available evidence of dispositions of property upon death (e.g. wills or inheritance contracts) as proof of your right of succession.

When applying, you must present a valid identity document.

If necessary, the submission of further documents is required in your succession. A final mention of all necessary supporting documents can therefore only take place when the application documents are examined.

For the proper application, the submission of the required documents and an affidavit is necessary, which can be submitted before the probate court or before a notary.

• Special application together with affidavit; simple writing is not enough
• Civil status certificates (birth certificates, death certificate, marriage certificate, extracts from the family book) for all eligible heirs and, if applicable, other relatives
• If available: disposition upon death (will, contract of inheritance, etc.)
• Valid identification documents
• If applicable, further evidence depending on the succession

To apply for the sole certificate of inheritance, a person must be deceased and you must be the sole heir after that person.

In the inheritance certificate procedure, at least two fees are incurred:

The fee for the issuance of the certificate of inheritance and the fee for the acceptance of the affidavit. In more complicated cases, additional fees may apply.

The amount of the fees is calculated on the basis of the value of the estate and must be determined accordingly individually in the certificate of inheritance procedure.

Example:

Estate value 100,000 EUR

• Fee for the certificate of inheritance procedure: 273,00 EUR
• Fee affidavit: 273,00 EUR

The amount of fees when applying to a notary does not differ.

You submit all necessary documents to the competent probate court or notary. In a joint conversation, the exact family constellations and, if necessary, the formulations in testamentary dispositions (e.g. a will) are examined together.

Subsequently, a transcript of your application for a certificate of inheritance will be drawn up and you will submit an affidavit about the correctness and completeness of the information in the application.

Alternatively, you can create a draft application for the sole certificate of inheritance via the electronic application procedure. Subsequently, it is necessary to appear in person at the competent probate court for the affidavit.

As soon as all the necessary documents have been submitted, the probate court checks whether the conditions for issuing a sole certificate of inheritance are met.

If all conditions are met, the sole certificate of inheritance is issued.

Please transfer the costs to be determined after receipt of the court cost invoice.

If the conditions for issuing the certificate of inheritance are not met, you will receive a resolution informing you of this and making it clear what reasons speak against granting it.

There is no deadline for applying for a certificate of inheritance. An application may be made at any time after the testator's death.

An appeal against the rejection decision is possible.

The digital service point (DSP) is the central information service for the Hessian local courts, regional courts and the Higher Regional Court. The citizens of Hesse can contact the DSP with their questions via the free telephone number 0800 / 96 32 147 (Monday to Friday from 8:00 to 18:00) or e-mail address servicepoint@justiz.hessen.de.

Note: The DSP also helps to complete the online form when using the electronic application process.

Please note that the mentioned contact persons can only provide general information. For legal advice in individual cases, please contact a lawyer or a notary.

Information can also be obtained from the competent probate courts. Assistance in finding the competent district court can be found at:

The competent probate court for receiving the application is the district court in whose district the deceased had his last habitual residence, or a notary.

The application can also be submitted to the district court responsible for your place of residence.

Assistance in finding the competent district court can be found under the following link. To do this, you need the postal code of the testator's last habitual residence.

Forms: none

Online procedure possible: no

A draft application for the sole certificate of inheritance can be created via the electronic application procedure.

Written form required: yes

Personal appearance required: yes