Erbschaft: Erbschein beantragen

§ 2353 BGB + §352, 352b - e FamFG

Inheritors often need a certificate of inheritance in order to dispose of their inheritance.

You have inherited. If you now want to dispose of the inheritance, in many cases you will need a certificate of inheritance so that you can identify yourself in business transactions. This is particularly relevant if

• there is no testamentary disposition (will or contract of inheritance), i.e. statutory succession has occurred,
• a property is part of the estate and there is only a private will,
• the content of the testamentary disposition is not clear.

The certificate of inheritance must be applied for. As an affidavit must always be made confirming the accuracy of the necessary information, you should contact a notary or the probate court in person.

Particularly in the case of a certificate of inheritance according to intestate succession, the succession must be documented by civil status documents.

In particular, proof of succession (for all eligible relatives) is required:

• Birth certificate,
• death certificate,
• marriage certificate,
• if applicable, extracts from the family register or the civil status register,
• identity card.

Fees are incurred. These are based on the Act on Costs of Voluntary Jurisdiction for Courts and Notaries (Court and Notary Costs Act - GNotKG). Detailed information can be obtained from the responsible office.

If you only need the certificate of inheritance to correct the land register, you should inform the probate court of this from the outset. In particular, if the succession is based on a notarized will or contract of inheritance, it may be sufficient if you submit the will/contract of inheritance and the minutes of the probate court on the opening of the will or contract of inheritance instead of the certificate of inheritance. However, if the land registry does not consider the succession to be proven by these documents, it may request the submission of a certificate of inheritance.

General information on courts and judicial authorities can also be found on the website of the state government of Schleswig-Holstein

To the probate court (local court).