Alleinerbschein aufgrund gesetzlicher Erbfolge beantragen

If you are the sole heir according to legal succession, you can apply for a sole heir certificate at the probate court to prove your status as heir.

If the deceased person has not left a will and has not concluded an inheritance contract, intestate succession applies. In many cases, you will need proof of your right to inherit.

The sole heir certificate testifies that you alone are the legal successor to the deceased. With this, you can, for example, gain access to a bank account of the deceased person or you can apply for entries in the land register.

• Identity card or passport
• Death certificate of the deceased person, i.e. the testator
• Documents documenting the status as legal heir, for example:
  • Family record book
  • Birth certificate
  • Marriage certificate
• Information on whether there is a lawsuit regarding your inheritance rights
• Evidence as to why certain persons who would actually be (co-)heirs are not heirs, for example:
  • Death certificates
  • Declarations of heirship
  • Declarations of renunciation of inheritance
  • if applicable, wills or inheritance contracts or at least information on them, for example in the case of special official safekeeping
• in the case of married couples: Proof of matrimonial property regime
• in the case of registered partnerships: Proof of asset status

You can only apply for a sole heir certificate if you are the sole heir.

• The amount of the fees depends on the value of the estate after deduction of the decedent's debts.
• For example, the issuance of a sole certificate of inheritance by the probate court costs
  • for an estate value of EUR 30,000 EUR 125.00,
  • for an estate value of EUR 100,000 EUR 273.00 and
  • for an estate value of EUR 500,000 EUR 935.00.
• In addition, you must pay fees in the same amount for the certification of an affidavit at the probate court or with a notary public. In addition, there may be clerical expenses and value-added tax.

You must apply for a certificate of sole inheritance at the competent probate court (local court):

• Make an informal application there for a certificate of sole inheritance and attach all the necessary documents.
• Alternatively, you can submit the application via an authorized person, such as a notary public or a lawyer, or declare it in court for the record.
• Make an affirmation in lieu of an oath in person before the local court or before a notary public. In doing so, you affirm that you are not aware of anything that contradicts the correctness of the information you have provided in the application for a certificate of inheritance.
  • This is not necessary if the local court waives it.
  • If a notary certifies the affirmation in lieu of oath, this person can certify the application for a certificate of inheritance at the same time.
• The local court will check your eligibility and issue the certificate of inheritance.

You do not have to meet any deadlines.

• Complaint
• Request for withdrawal of the certificate of inheritance

• Single certificate of inheritance granting legal succession
• a sole heir may apply to the probate court for a sole certificate of inheritance
• a certificate of inheritance is an official certificate issued by the probate court which provides information on the inheritance rights of a specific person
• if there is no will or contract of inheritance, the certificate of inheritance is issued according to legal succession
• Responsible: Probate court (local court) at the last habitual residence of the deceased person.

As a rule, the district court in whose district the deceased person had his or her last habitual residence is responsible.

You can find the local courts with further contact options and service times via the local and court directory.

Forms:
Online procedure possible:
Written form required: no
Personal appearance required:

• for application: no
• for affidavit: yes