Gemeinschaftlichen Erbschein einziehen

If it subsequently transpires that the heirs named in the certificate of inheritance are not the real heirs, the certificate of inheritance can be revoked.

If the probate court learns that the heirs listed in the certificate of inheritance are not the deceased's true heirs, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the supposed heirs listed in this incorrect certificate of inheritance can no longer jointly dispose of the estate. The withdrawal of the certificate of inheritance can also be requested from the court by the actual heir.

The procedure is carried out ex officio by the probate court. If you apply for such proceedings, the following documents will be helpful:

• Your identity card or passport,
• the death certificate of the deceased person (testator),
• the family register to document the relationship,
• Information on whether there is a lawsuit concerning your inheritance rights,
• Names and addresses of the co-heirs,
• Proof of the reason why certain persons who would actually inherit are no longer heirs, e.g. their death certificates, declarations of inheritance or waivers of inheritance,
• wills or inheritance contracts, if applicable,
• the matrimonial property regime (in the case of married couples) or the asset status (in the case of registered civil partnerships).

There is a joint certificate of inheritance and this shows persons as heirs who are not heirs.

• The court shall determine the costs of the court proceedings regarding the withdrawal of the certificate of inheritance in accordance with Section 353 para. 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.

The local court examines ex officio or upon application whether the certificate of inheritance is to be withdrawn due to incorrectness.

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

none

An appeal may be lodged against the confiscation order.

• The certificate of inheritance is an official certificate issued by the probate court that provides information about the inheritance rights of certain persons
• The joint certificate of inheritance can be issued on the basis of a will or according to the legal order of succession
• If the heirs named in the certificate of inheritance are not the actual heirs, the certificate of inheritance can be revoked

This is either the local court in whose district the deceased had his/her last habitual residence or the local court in whose district the deceased has his/her habitual residence.

Forms are not required.