Nachlass - Beantragung eines Erbscheins
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Begriffe im Kontext
- Urkunden und Bescheinigungen (1070200)
- Erbschaft, Nachlass und Testament (1190200)
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Proof of inheritance can be provided in the form of a certificate of inheritance, which is issued by the probate court upon application.
The application must be notarized by a notary of your choice, your local court or the competent probate court.
If you have accepted the inheritance, you will often need a certificate of inheritance to prove your right to inherit. The certificate of inheritance is a certificate of inheritance.
- Application for a certificate of inheritance - other documents -
Proof of identity and documents
When you make an appointment, you will be informed which documents you have to produce.
All documents have to be presented in the original or in a publicly certified copy. Simple copies are not sufficient. Only notaries or the registry office issuing the certificate are authorised to certify copies of civil status documents.
The principle of presentation applies in the procedure. This means that the documents are to be procured by the applicant. The court does not assume this task!
In any case, the identity of the applicant must be proven at the appointment by presenting an official photo identification (valid identity card or passport).
A certificate of inheritance is only issued on application. This requires a court or notarized inheritance certificate hearing at which certain declarations must be made and affirmed in lieu of an oath.
The affirmation in lieu of an oath required to obtain a certificate of inheritance can only be made by the heir. If the heir is no longer able to do so, for example due to illness, the affidavit can only be made by a court-appointed guardian. Minors are represented by their parents or by a supplementary guardian
or guardian.
The probate court is responsible for issuing certificates of inheritance on the basis of both legal and testamentary succession.
The probate court with local jurisdiction is the district court at the last habitual residence of the deceased. This is not necessarily the last place of residence under civil law, but the place where the deceased last had his or her center of life.
In principle, applications for certificates of inheritance can be certified at any district court by way of legal assistance. Every heir is entitled to apply for a certificate of inheritance. It is sufficient if one of several co-heirs files the application.
It is mandatory to make an appointment at the Bremen local courts. Applicants may also contact a notary public .
In addition to the application, an affirmation in lieu of oath must be submitted concerning certain information provided for by law, which must be certified by the court or by a notary public. If the application and the affirmation in lieu of oath are to be notarized by a court, the personal appearance of at least one heir at the court is required. If, due to physical limitations, notarization is required in the house/apartment of an heir, this can only be carried out by a notary.
At the court or in a notary's office, you will receive information about which documents you have to provide and which declarations you may still have to make.
After examination of the application and written hearing of any other parties involved, the certificate of inheritance can be issued.