Einziehung eines Alleinerbscheins

If it subsequently transpires that the heir shown on the certificate of inheritance is not the true heir, the certificate of inheritance will be revoked by the probate court.

If the probate court learns that the heir listed in the certificate of inheritance is not the real heir of the decedent, it must revoke the certificate of inheritance ex officio. The certificate of inheritance thus becomes invalid and the alleged heir listed in this incorrect certificate of inheritance can no longer dispose of the estate. The confiscation of the certificate of inheritance can also be initiated by the real heir at court.

The proceedings are carried out ex officio by the probate court. If you request or initiate such proceedings, the following documents are helpful:

• 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 not 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).

There is a sole heir certificate and this shows a person as heir who is not an heir or not a sole heir.

The court shall decide whether and who is to bear the costs of the court proceedings on the collection of the certificate of inheritance.

The amount of the court fees is determined by the amount in dispute, which is based on the value of the estate less debts, and amounts to a maximum of 400 euros.

The Local Court shall examine ex officio or upon application or suggestion whether the certificate of inheritance is to be withdrawn due to incorrectness.

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

None

An appeal may be lodged against the confiscation order and against the rejection of the application for confiscation.

• The certificate of inheritance is an official certificate issued by the probate court, which provides information about the inheritance rights of certain persons.
• The sole certificate of inheritance can be issued on the basis of a will or according to the legal succession
• If the person identified in the certificate of inheritance is not the true heir, the certificate of inheritance is revoked.

Please contact the locally competent district court.

The locally competent district court.
This is always the probate court that had issued the certificate of inheritance.

Forms are not required.