Inheritance Matters: Estate in Germany
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General Information
In Germany, the heir proves his/her legal right by a Certificate of Inheritance which is issued by the competent German probate court upon notarized application. It is normally required by banks or land register if the inheritance includes real estate or bank account(s) in Germany.
To obtain a Certificate of Inheritance, you have to fill out the questionnaire, which can be found below and send it with the required, certified documents (as indicated on the questionnaire) to the competent German Foreign Mission.
(Please consult our service overview on the right hand side to find the closest German Mission offering this service.)
We will make a draft of your application and call you in order to make an appointment for the required affidavit and notarization. Please note that there will be a fee for the affidavit and the notarization. The application and the certified (and if not issued by a German authority: legalised and translated) documents can then be sent to the competent probate court in Germany. There will be an additional fee for the actual Certificate of Inheritance.
Declaration of Renouncement of Succession
According to German law the heirs can declare the renouncement of succession to the German Surrogate's Court within six weeks, if the heirs live outside of Germany within six months after receiving knowledge about the case of succession. The signatures on the declaration will, as a minimum requirement of form, have to be certified (signature certification). Both parents (one if it is a case of sole custody) of minor children, have to declare the renouncement of succession on the children’s behalf. The declaration of renouncement may be executed before the consular officer at the competent German Mission or a honorary consul.
How to obtain a Certificate of Inheritance
1. The applicant has to provide all information necessary in advance, to enable the German Missions to draft a formal application. Therefore, please use the prepared questionnaire. We recommend that you enclose copies of all documents proving the right to inherit (e. g. last will, letters testamentary, death certificates, birth certificates, marriage certificates etc.)
2. The German Mission will prepare the application document and contact the applicant as soon as the application is drafted to set up an appointment for the applicant to appear at the German Mission and to sign the document in due form. As German is the official language in Germany, the text of the application will be put forward only in German. If the applicant does not understand German, the consular agent will explain the contents of the paper to the applicant and translate it orally. If he/she wants to have an English translation of the application, the applicant will be responsible for all costs incurred by a translation. We recommend that the applicant shows all the original documents of which copies were provided with the questionnaire during this appointment. The German Mission will notarize the copies, so the Nachlassgericht in Germany receives a complete application with the pertinent documents enclosed.
3. The applicant will receive the original and a first certified copy of the application. The original should be sent to the competent probate court ("Nachlassgericht") or the applicant's representative in Germany who will then forward it to the probate court ("Nachlassgericht"). A certified copy is kept on file by the competent German Foreign Mission.
4. After having received the application, the probate court ("Nachlassgericht") will issue the Certificate of Inheritance and forward it to the person named as recipient in the application.
In the course of the application, two fees will apply:
The German Mission will charge a fee for the preparation of the application including the affidavit. The fee is payable in cash (equivalent in CAD$ according to the daily exchange rate) or by internationally accepted credit card (card will be charged in Euro, additional charges by the credit card company may apply).
Fees are based on the value of the estate. The applicant is required to provide detailed information about the value of the estate in Germany. (Please contact the land register ('Grundbuchamt') in Germany or your lawyer for further details of the value of real property.)
Additional Information in Restitution Matters
In restitution cases, the certificate of inheritance will be issued by the probate court ("Nachlassgericht") free of charge. However, there is a fee for the notarization of the application at the German mission which is payable in cash (equivalent in CAD$ according to the daily exchange rate) or by internationally accepted credit card (card will be charged in Euro, additional charges by the credit card company may apply).
The Certificate of Inheritance will be issued by the probate court ("Nachlassgericht") free of charge only, if it is sent directly to the German office, dealing with the restitution claim (Landesamt/Amt zur Regelung offener Vermögensfragen, abbreviated: LAROV or AROV). A notarized copy of the certificate however, may be sent to a representative or to the applicant himself/herself.
