Erbschein: gemeinschaftlichen Erbschein beantragen

The probate court can issue a joint certificate of inheritance for several heirs. Each co-heir can apply for a joint certificate of inheritance.

When a deceased person dies, they usually leave behind not just one heir, but several. These become part of the so-called community of heirs upon death. The estate is only divided among the individual heirs in accordance with the agreement reached once the estate has been settled.

In principle, each individual co-heir can apply for a certificate of inheritance with which they can identify themselves to third parties as the rightful heir. However, if the community of heirs wishes to act jointly and deal with banks, insurers and the land registry, a joint certificate of inheritance is often required.

As a rule, the following documents are required:

• Identity card or passport,
• the death certificate of the deceased person (testator),
• the family record book to document the relationship,
• names and addresses of the co-heirs,
• legal succession/wills or inheritance contracts, if applicable
• if applicable, proof of the reason why certain persons who would actually inherit are no longer heirs, e.g. their death certificates, declarations of renunciation of inheritance or waiver of inheritance
• the property status (in the case of married couples) or the asset status (in the case of registered civil partnerships)

In addition to applying to the probate court for a joint certificate of inheritance, an affidavit must be made in lieu of an oath regarding certain statutory duties, which must be notarized by the court or notary.

Note: The probate court will provide you with information on which documents you need to submit in detail and which declarations you may still need to make.

A fee is charged for the notarization and for the issue of the (joint) certificate of inheritance, which is based on the value of the estate. The fees for a certificate of inheritance are regulated in the German Court and Notary Fees Act (GNotKG).

You can apply for a certificate of inheritance informally at the probate court. The application must contain

• Your name
• Your address
• Your date of birth
• Date of death of the deceased
• Information on whether an inheritance dispute concerning the estate is pending
• Persons who would exclude or reduce your right of inheritance, but who have since ceased to exist due to death, waiver, renunciation of inheritance or ineligibility to inherit - stating how the person ceased to exist

As a legal heir, you must also provide the following information:

• Relationship (e.g. degree of kinship) to the deceased
• the amount of your share of the inheritance
• whether and which persons exist who could exclude or reduce your inheritance rights
• whether there are any dispositions of property upon death of the deceased

If you have inherited by intestate succession, you must state all existing dispositions of property upon death and identify and submit the disposition that establishes your status as an heir.

In the application, you must specify the inheritance claim precisely. If there are several heirs, each of the heirs can submit an application for a joint certificate of inheritance. However, a co-heir of a community of heirs can also apply for a partial certificate of inheritance for themselves alone. For further details and formalities, it is best to contact the probate court responsible for your case.

You can be represented when submitting the application. Your representative will need a corresponding power of attorney.

Note: In addition to submitting the application, the applicant must prove the accuracy of certain information by means of public documents and, as a rule, affirm in lieu of an oath that he/she is not aware of anything that contradicts the accuracy of his/her information. The affirmation in lieu of oath can be made in court or before a notary.

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• If there are co-heirs, they can apply to the probate court for a joint certificate of inheritance.
• 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 intestate succession.

is the district court with local jurisdiction as probate court for the last place of residence of the deceased.