Einen gegenständlich beschränkten gemeinschaftlichen Teilerbschein beantragen

In the case of a joint inheritance, you can apply for a joint certificate of partial inheritance as a co-heir. This can be limited in terms of subject matter if parts of the estate are located abroad.

When a testator dies, he or she usually leaves not just one heir, but several. These heirs become part of the so-called community of heirs at the time of inheritance. The estate is only divided among the individual heirs in accordance with the agreements made after the inheritance has been divided.

In principle, each individual co-heir can apply for a certificate of inheritance with which he or she can prove to third parties that he or she is the rightful heir. If, however, the community of heirs wishes to act jointly and to deal with banks, insurers and the land registry, a joint certificate of inheritance is often required.

The joint certificate of partial inheritance is issued for the inheritance rights of several but not all co-heirs at the request of a co-heir, for example, if a co-heir has emigrated and is therefore unavailable.

A certificate of inheritance limited to the decedent's assets located in Germany (estate) (limited certificate of inheritance) can be issued by the probate court on application if the estate also includes items located abroad. A limited certificate of inheritance should be applied for if this speeds up the procedure for issuing the certificate of inheritance (for example, because no foreign inheritance law has to be determined), or because the certificate of inheritance is not required abroad and costs can be saved by the restriction.

• 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 your co-heirs,
• evidence of the reason 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),
• proof that estate items are located abroad.

There are co-heirs and they would like to apply for a joint certificate of inheritance. However, not all co-heirs are available to apply. Objects of the estate are located both in Germany and abroad.

• The fees for a certificate of inheritance are governed by the German Law on Court and Notary Fees (Gerichts- und Notarkostengesetz, GNotKG) and are based on the value of the estate after deduction of debts.
• In addition to the fee for issuing a certificate of inheritance, costs for affidavits and notary fees may be incurred - plus statutory value-added tax.

After you have applied for the certificate of inheritance, the local court checks the eligibility and issues the certificate of inheritance.

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

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Complaint

If there are conflicting interests in the inheritance certificate proceedings before the probate court, the probate court may not issue the inheritance certificate immediately. The Local Court issues an order in which it states that it considers the facts required to substantiate the application for a certificate of inheritance to have been established.

The parties then have the opportunity to appeal against this decision within a period of one month.

The certificate of inheritance will only be issued if, after the expiry of the one-month period, no one has lodged an appeal against the decision of the probate court and the decision has thus become final.

In addition, an appeal may be filed by a person who has not been able to convince the probate court with his or her arguments in the inheritance certificate proceedings and whose rights have been impaired as a result.

Contest

By applying for a certificate of inheritance, the inheritance is automatically deemed to have been accepted - it is then no longer possible to contest the inheritance.

Heirs can then only avert the inheritance by contesting the certificate of inheritance. To do this, however, a reason for contesting the inheritance must be proven. In principle, only the person who would benefit from a challenge may challenge a certificate of inheritance. It is recommended that legal advice be sought from a lawyer in this regard.

Sole Inheritance Certificates: These can only be contested by sole heirs.

Partial and joint certificates of inheritance: Every heir within the community of heirs is entitled to challenge them.

• Joint certificate of inheritance Issue of partial certificate of inheritance Limited in subject matter
• If there are co-heirs, they can apply to the probate court for a joint certificate of inheritance.
• If this is not requested for all of them, it is only a joint partial certificate of inheritance.
• The certificate of inheritance is an official document issued by the probate court that provides information on the inheritance rights of certain persons.
• The joint certificate of partial inheritance can be issued on the basis of a will or according to the legal succession
• If parts of the estate are located abroad, the certificate of inheritance can be limited in terms of subject matter
• Required documents:
  • 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),
  • proof that estate items are located abroad.
• Fees apply. In addition to the fee for issuing a certificate of inheritance, there may be costs for affidavits and notary fees - plus statutory VAT.
• Responsible: 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.