Einziehung eines gemeinschaftlichen Erbscheins

If it subsequently transpires that the heirs shown on the certificate of inheritance are not the real heirs, the certificate of inheritance may be revoked.

If the probate court learns that the heirs listed in the certificate of inheritance are not the real heirs of the deceased, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and you, as the presumed heirs listed in this incorrect certificate of inheritance, can no longer jointly dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir at court.

The procedure is carried out ex officio by the probate court. Should you request such proceedings, the following documents are 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 regarding your inheritance rights,
• names and addresses of co-heirs,
• evidence of the reasons why certain persons who would actually inherit are no longer heirs, for example, their death certificates, declarations of heirship or waivers of heirship,
• if applicable, wills or inheritance contracts,
• the marital property status (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 decide on the costs of the court proceedings on the confiscation of the certificate of inheritance. The amount of the costs is determined by the amount in dispute, which is based on the value of the estate less debts.

The Local Court shall examine ex officio or on application whether the certificate of inheritance is to be withdrawn on grounds of incorrectness.

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

none

You can file an appeal against the confiscation order.

• Community Certificate of Inheritance Collection
• The certificate of inheritance is an official certificate issued by the probate court, which provides information about the right of inheritance of certain persons
• The joint certificate of inheritance can be issued on the basis of a will or according to the legal succession
• If the heirs shown on the certificate of inheritance are not the true heirs, the certificate of inheritance may be revoked
• Procedure: The district court examines ex officio or upon application whether the certificate of inheritance is to be revoked due to incorrectness.
• Competent: Local Court

Please contact the locally competent district court.

The district court with local jurisdiction.

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

Forms are not required.