Alleinerbschein einziehen

If it turns out in retrospect that the heirs shown in the certificate of inheritance are not the real heirs, the certificate of inheritance can be confiscated again.

If the probate court learns that the heirs listed in the certificate of inheritance are not the real heirs of the testator, it must withdraw the certificate of inheritance ex officio. The certificate of inheritance thus becomes powerless and the alleged heirs listed in this incorrect certificate of inheritance can no longer jointly dispose of the estate. The confiscation of the certificate of inheritance can also be suggested by the real heir in court.

The proceedings are conducted ex officio by the probate court. If you apply for such a procedure, the following documents are helpful:

• your identity card or passport,
• the death certificate of the deceased person (testator),
• the family record book for the documentation of kinship,
• information on whether there is a process for your inheritance law,
• the names and addresses of the co-heirs,
• Proof of the reason why certain persons who would actually inherit are no longer heirs, for example their death certificates, waivers of inheritance or declarations of renunciation of inheritance,
• if applicable, wills or contracts of inheritance,
• the matrimonial property regime (in the case of spouses) or the property regime (in the case of registered civil partnerships).

There is an Allerbschein and this identifies a person as heir who is not an heir.

The court determines the costs of the judicial proceedings concerning the confiscation of the certificate of inheritance in accordance with § 353 sec. 2 sentence 1 FamFG. The amount of the costs is determined by the amount in dispute, which is calculated according to the amount of the estate value minus the debts.

The district court examines, of its own motion or on request, whether the certificate of inheritance is to be confiscated due to incorrectness.

The processing time depends on the complexity of the inheritance.

none

An appeal may be lodged against the confiscation order.

• The certificate of inheritance is an official certificate issued by the probate court that provides information on the right of succession of certain persons
• The sole certificate can be issued on the basis of a will or according to the legal succession
• If the heirs shown in the certificate of inheritance are not the real heirs, the certificate of inheritance can be recovered

Forms are not required.