Applying for a certificate of inheritance: whether you need one and how it works

Do you need a certificate of inheritance at all?

A certificate of inheritance is a form of proof, not a compulsory document. Nobody has to apply for one. It only becomes important when a bank, the land registry, an insurer or an authority wants to know who the heir is and no other proof is sufficient. You can find out whether you need one with six questions.

When a certificate of inheritance is typically needed and when not

Situation	Certificate of inheritance needed?	What is sufficient instead
Deceased's bank account	not always	power of attorney that continues after death; at many banks, an opened will with the record of opening
Real estate in the land register	yes, unless there is a notarial disposition	notarial will or contract of inheritance with the record of opening (Sec. 35 (1) GBO)
Company share in the commercial register	as a rule yes	notarial will with the record of opening
Life insurance with a named beneficiary	no	in case of doubt, the benefit is due directly to the beneficiary (Sec. 331 BGB) and does not fall into the estate
Life insurance without a named beneficiary	often yes	proof of inheritance to the insurer
Deceased's car	depends on the vehicle registration office	practice varies
Rented flat	usually not	the spouse, civil partner or household members automatically take over the tenancy (Sec. 563 BGB). Otherwise, the heir continues the tenancy (Sec. 564 BGB)

What the official bodies say: The justice portal of the Federation and the federal states lists real estate, shares in companies in the commercial register, and banks or insurers that require a certificate of inheritance as typical cases for a certificate of inheritance. If there is a notarial will or a contract of inheritance naming the heirs, one is usually not needed.

Power of attorney that continues after death: If the deceased granted you a power of attorney that expressly continues after death, you can often continue to act with it until the heirs decide otherwise. The basis is that, in case of doubt, a mandate does not end on the death of the principal (Sec. 672 BGB). Banks examine such powers of attorney according to their own rules.

What is a certificate of inheritance?

The certificate of inheritance is an official certificate issued by the probate court on your right of inheritance and, if you only inherit part, on the size of your share (Sec. 2353 BGB).

What it contains: the name of the deceased, the heirs and their shares. If the testator appointed an executor or ordered prior and subsequent inheritance, this is also stated in the certificate (Sec. 352b FamFG). It does not contain a list of the assets.

What it achieves:

• Presumption of correctness: It is presumed that the person named in the certificate is the heir and is not restricted by any orders other than those stated (Sec. 2365 BGB).
• Protection for third parties: Anyone who acquires something from the estate from the heir named in the certificate may rely on the certificate unless they know it to be incorrect (Sec. 2366 BGB).
• Withdrawal: If a certificate of inheritance turns out to be incorrect, the probate court withdraws it. It thereby loses its effect (Sec. 2361 BGB).

Who can apply for the certificate of inheritance?

• The heir: Every heir can apply for a certificate of inheritance on their right of inheritance.
• One co-heir for all: In a community of heirs, each co-heir can apply for a joint certificate of inheritance for all of them (Sec. 352a (1) FamFG). They must then state that the other heirs have accepted the inheritance. In principle, all heirs make the affidavit, but the court can accept the affidavit of individual heirs as sufficient (Sec. 352a (3) and (4) FamFG).
• Creditors: If a creditor of the heir needs the certificate of inheritance for enforcement, they can request it in place of the heir (Sec. 792 ZPO).

Persons entitled to a compulsory share do not apply for a certificate of inheritance, because they are not heirs. How to calculate your claim is explained in the guide Compulsory share.

Where to apply: probate court or notary?

Jurisdiction lies with the local court as probate court in whose district the deceased last had their habitual residence (Sec. 343 (1) FamFG). If the deceased last lived abroad, the court of their last habitual residence in Germany has jurisdiction. If there was none, it is the Schöneberg local court in Berlin, provided the deceased was German or there are assets of the estate in Germany (Sec. 343 (2) and (3) FamFG). The justice portals of the federal states show which local court has jurisdiction for a given address.

You can file the application in two places: directly at the probate court or with a notary. The notary records the affidavit and submits the application to the probate court. In both cases, the court issues the certificate of inheritance.

Feature	Probate court	Notary
Fee for the proceedings (schedule no. 12210)	1.0 under Table B	1.0 under Table B, payable to the court
Fee for the affidavit (schedule no. 23300)	1.0 under Table B, without VAT	1.0 under Table B, plus 19% VAT and expenses
Example estate of €100,000	€546 in total	around €622 in total (see the costs section)
Legal advice	no, the court only records the application	yes, the notary may advise
Appointment	at the competent court, procedures vary from court to court	with the notary of your choice
Who issues the certificate?	probate court	probate court

Which is cheaper? The probate court. The two fees are the same, but with a notary VAT and a flat-rate expenses charge are added to the fee for the affidavit. The justice portal expressly points this out. A notary is worthwhile if you need advice or face a long wait for an appointment at the court.

Applying for a certificate of inheritance in 6 steps

1. Clarify the succession: Is there a will or a contract of inheritance? If not, intestate succession applies. Find out who the heirs are and in what shares. If you find a will, you must deliver it to the probate court without delay (Sec. 2259 BGB).
2. Choose the court or a notary and make an appointment: Many probate courts ask for information and documents to be submitted in advance. Sometimes this is a precondition for an appointment. You will find information on this on the website of the competent local court.
3. Gather the documents: What you need depends on whether you inherit as a statutory heir or under a will (checklist in the next section).
4. File the application and make the affidavit: At the appointment, you provide the information required by law (Sec. 352 FamFG) and affirm in lieu of an oath that you know of nothing that contradicts its accuracy (Sec. 352 (3) FamFG). Bring documents in the original or as certified copies.
5. Examination by the court: The probate court investigates of its own motion (Sec. 26 FamFG). It only issues the certificate of inheritance if it considers the necessary facts to be established (Sec. 352e (1) FamFG).
6. Decision and issue: The court decides by order. If a party objects, the order is communicated to everyone and the certificate is only issued once the order has become final (Sec. 352e (2) FamFG). You receive the certificate by post or collect it, and the invoice for the costs comes separately.

Which documents you need for the certificate of inheritance

Sec. 352 FamFG lays down the information you must provide. You prove the time of death and family relationships with public documents. If these cannot be obtained, or only with great difficulty, other evidence is sufficient (Sec. 352 (3) FamFG).

If a document is missing, ask the registry office of the place of birth or marriage. In cases with an international element, courts often require translations.

How long does it take to get the certificate of inheritance?

There is no statutory processing time. How long it takes depends on the court and the case.

Type of case	What determines the duration
Simple case: one heir or clear intestate succession, all documents available	above all, the availability of appointments at the court or notary
Many heirs or missing documents	obtaining documents, declarations by the other heirs
Handwritten will that has to be interpreted	investigations by the court, possibly hearing other parties
A party objects	communication of the order, issue only once it has become final (Sec. 352e (2) FamFG), considerably longer if there is an appeal

How to speed things up: submit complete documents in advance, clarify the shares with your co-heirs beforehand and request an appointment from the court and a notary at the same time.

What does a certificate of inheritance cost?

The costs are governed by the Court and Notary Fees Act (GNotKG). Two fees are charged for the certificate of inheritance:

• Procedural fee: a 1.0 fee under Table B for the proceedings on the application (no. 12210 of the schedule of costs of the GNotKG).
• Fee for the affidavit: a 1.0 fee under Table B (no. 23300 of the schedule of costs). This fee is charged separately, even if the court takes the affidavit (note to no. 12210, preliminary remark 1 (2) of the schedule of costs of the GNotKG).

The transaction value is the value of the estate at the time of death. Debts that originate from the testator are deducted (Sec. 40 (1) GNotKG).

Cost table for a certificate of inheritance at the probate court

Value of the estate after deduction of debts	Fee for the certificate (schedule no. 12210)	Fee for the affidavit (schedule no. 23300)	Total
€10,000	€75	€75	€150
€25,000	€115	€115	€230
€50,000	€165	€165	€330
€100,000	€273	€273	€546
€150,000	€354	€354	€708
€200,000	€435	€435	€870
€300,000	€635	€635	€1,270
€500,000	€935	€935	€1,870
€750,000	€1,335	€1,335	€2,670
€1,000,000	€1,735	€1,735	€3,470

Values under Table B (Annex 2 to Sec. 34 GNotKG), as at 9 November 2026. With a notary, 19% VAT and expenses are added to the fee for the affidavit. Further court expenses may be added, for example for additional copies.

Example calculation: The estate is worth €180,000, and the deceased had €30,000 in debts. The transaction value is €150,000. Under Table B, each fee costs €354, making €708 in total.

The same via a notary: For an estate value of €100,000, the notary charges €273 for the affidavit plus a €20 flat-rate expenses charge and 19% VAT, making €348.67 in total. With the court fee of €273, that comes to €621.67 instead of €546 at the probate court.

Who pays? The fees are initially owed by whoever files the application (Sec. 22 (1) GNotKG).

Saving on the costs of a certificate of inheritance: six ways

1. Check whether you need one: A notarial will with the record of opening, a contract of inheritance or a power of attorney that continues after death is often enough. The cheapest certificate of inheritance is the one you do not apply for.
2. Court instead of notary: saves the VAT and expenses on the fee for the affidavit.
3. Waiver of the affidavit: The probate court can waive it if it considers it unnecessary (Sec. 352 (3) sentence 4 FamFG). The second fee then does not apply. Asking costs nothing.
4. Certificate only for your share: If the proceedings only concern the right of inheritance of one co-heir, the transaction value is based on that heir's share (Sec. 40 (2) GNotKG).
5. Correct the land register within two years: No fee is charged for registering the heirs as owners if the application is received by the land registry within two years of the death (note 1 to no. 14110 of the schedule of costs of the GNotKG).
6. Withdraw the application early if it becomes unnecessary: If the proceedings end by withdrawal before the decision, the procedural fee is reduced to 0.3, up to a maximum of €218 (no. 12211 of the schedule of costs of the GNotKG).

Types of certificate of inheritance

Type	For whom	Special feature
Certificate for a sole heir	a single heir	shows the entire right of inheritance
Joint certificate of inheritance	community of heirs	names all heirs and their shares; any co-heir can apply for it (Sec. 352a FamFG)
Partial certificate of inheritance	one co-heir for their share	transaction value based only on the share (Sec. 40 (2) GNotKG)
Certificate of inheritance limited to specific assets	estate with assets abroad	application limited to the assets in Germany (Sec. 352c FamFG)
European Certificate of Succession	cases connected with other EU states (excluding Denmark and Ireland)	proof of inheritance for use in other member states, fees under the same numbers (preliminary remark 1.2.2 of the schedule of costs of the GNotKG)

If you apply for a certificate of inheritance and a European Certificate of Succession, 75% of the procedural fee already paid is credited, provided the two do not contradict each other (note 2 to no. 12210 of the schedule of costs of the GNotKG).

Time limits and risks with the certificate of inheritance

No deadline for applying: You can apply for the certificate of inheritance at any time after the death, even years later.

Applying means accepting: In the application, you must state that you have accepted the inheritance (Sec. 352 (1) sentence 1 no. 7 FamFG). Anyone who has accepted can no longer disclaim (Sec. 1943 BGB). If the estate may be over-indebted, clarify this before applying. A disclaimer is only possible within six weeks of learning of the inheritance, or within six months if the deceased's last residence was only abroad or you are abroad when the period begins (Sec. 1944 BGB). How this works is explained in the guide Disclaiming an inheritance.

Inheritance tax: Heirs must notify the tax office of the acquisition in writing within three months (Sec. 30 (1) ErbStG). This does not apply if the acquisition is based on a disposition upon death opened by a German court or notary and the relationship to the testator is clear beyond doubt from it, unless, for example, real estate, business assets or foreign assets are included (Sec. 30 (3) ErbStG).

What happens if you do not apply for a certificate of inheritance? Legally, nothing. You are still the heir. Without proof of inheritance, however, you cannot dispose of assets for which a body requires a certificate of inheritance, such as an account or real estate.

If there is a dispute about the inheritance

Disputes often only come to light in the certificate of inheritance proceedings: a co-heir considers the will invalid, a handwritten will can be read in different ways, or two wills turn up. The probate court then clarifies of its own motion who the heir is (Sec. 26 FamFG). If a party objects to the application, the order is only implemented once it has become final (Sec. 352e (2) FamFG). An appeal against the order is possible within one month of written notification, lodged with the probate court (Sec. 58, 63, 64 (1) FamFG). If the certificate has already been issued, the appeal can only seek its withdrawal (Sec. 352e (3) FamFG).

In this situation, it is worth having your own position reviewed before the appointment: what share of the inheritance are you entitled to? Is the will formally valid? Do you have to pay out a compulsory share? What a valid will looks like is explained in the guide Writing a will.