Gemeinschaftlicher Erbschein Einziehung
Hamburg
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99046068052000
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Typ 2/3
Inhalt
<div lang="en-x-mtfrom-de">Confiscation of a joint certificate of inheritance</div>
Begriffe im Kontext
<div lang="en-x-mtfrom-de">Withdraw the certificate of inheritance</div> (Synonym), <div lang="en-x-mtfrom-de">Declare certificate of inheritance invalid</div> (Synonym), <div lang="en-x-mtfrom-de">Certificate of inheritance incorrect</div> (Synonym)
Fachlich freigegeben am
25.09.2023
Fachlich freigegeben durch
nicht vorhanden
If it later turns out that the heirs named in the certificate of inheritance are not the real heirs, the certificate of inheritance can be withdrawn.
If the probate court learns that the heirs listed in the certificate of inheritance are not the real heirs of the testator, it must revoke the certificate of inheritance ex officio. The certificate of inheritance then becomes invalid and the supposed heirs listed in this incorrect certificate of inheritance can no longer jointly dispose of the estate. The real heir can also request the court to revoke the certificate of inheritance.
- The procedure is carried out ex officio by the probate court. If you apply for such a procedure, the following documents are helpful:
- Official photo ID, for example your identity card or passport,
- the death certificate of the deceased person (testator)
- the family register for documenting kinship
- Information on whether there is a lawsuit regarding your inheritance rights
- Names and addresses of co-heirs
- Evidence of the reason why certain persons who would actually inherit are no longer heirs, for example their death certificates, declarations of renunciation or waiver of inheritance
- if applicable, wills or inheritance contracts
- the marital property regime (for married couples) or the asset status (for registered civil partnerships)
There is a joint certificate of inheritance and this identifies persons as heirs who are not heirs.
The amount of the costs of the legal proceedings for the confiscation of the certificate of inheritance is determined by the value of the estate less debts.
The local court examines ex officio or upon application whether the certificate of inheritance should be withdrawn due to inaccuracy.
The processing time depends on the complexity of the inheritance case and the respective local court.
- <div lang="en-x-mtfrom-de">Hamburg District Courts</div>
- <div lang="en-x-mtfrom-de">Public Legal Information and Settlement Body Hamburg (ÖRA)</div>
- <div lang="en-x-mtfrom-de">General information probate court</div>
- <div lang="en-x-mtfrom-de">Information from the Federal Ministry of Justice on heirs and bequests</div>
Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.
- Confiscation of 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 the legal succession
- If the heirs named in the certificate of inheritance are not the real heirs, the certificate of inheritance can be revoked
If you want to find out exactly who is responsible for your request, please follow the link to Hamburg Service