Certificate of Inheritance in Germany: When You Need One and How to Apply

After a death, the heirs inherit automatically. But banks, the land registry and other institutions need proof of who the heirs are. In Germany, the standard proof is the certificate of inheritance (Erbschein), issued by the probate court.

For international estates, the European Certificate of Succession is an alternative that is recognised in all EU countries except Denmark and Ireland.

When Do You Need It?

A certificate of inheritance is usually required to:

• change the owner in the land register, if there is no notarial will,
• access bank accounts, if the bank does not accept other proof,
• deal with companies, insurers or authorities that require it.

When you may not need it:

• Notarial will. A notarial will together with the probate court's opening record is generally sufficient for the land registry and often for banks.
• Handwritten will. Banks may accept it together with the opening record if it is clear, but they are not obliged to.
• Power of attorney. A power of attorney valid beyond death allows the attorney to act without a certificate.
• Small amounts. Some banks release smaller amounts without a certificate.

How to Apply

1. Competent court. The probate court at the place where the deceased last had their habitual residence. If the deceased lived abroad, special rules apply.
2. Application. At the court or through a German notary. You must state the facts of the succession and confirm them by a sworn declaration (eidesstattliche Versicherung).
3. Documents. Death certificate, will if any, civil status documents proving the relationship (birth and marriage certificates), and information about other heirs.
4. Decision. The court checks the application and issues the certificate. This can take a few weeks to several months.

Foreign documents may need an apostille and a certified translation.

Costs

The fees depend on the value of the estate after debts. The certificate fee and the fee for the sworn declaration are charged separately. For larger estates, the costs can be considerable, which is why a notarial will is often cheaper overall.

The European Certificate of Succession

The European Certificate of Succession (Europäisches Nachlasszeugnis) is issued under the EU Succession Regulation. It is recognised in all participating EU countries without further procedures and is useful when there are assets in several countries. It can be issued by the German probate court if German courts are responsible for the estate.

Points for Expats

• Living abroad. You can apply through a German notary or, in some cases, a German consulate. The sworn declaration can be given abroad.
• Foreign certificates. A certificate of inheritance from a non-EU country is not automatically recognised in Germany. A German certificate may be needed for German assets.

Frequently Asked Questions