Certificate of inheritance in a community of heirs: who applies and may use it

Who inherits in the family case?

On a person's death, their assets pass as a whole to one or more heirs (§ 1922 BGB). Statutory heirs of the first order are the descendants, and children inherit in equal shares (§ 1924 BGB). Under the stated assumptions, each of the three children therefore inherits one third.

If the deceased leaves several heirs, the estate becomes the joint property of the heirs. Until the division of the estate (Auseinandersetzung), §§ 2033 to 2041 BGB apply (§ 2032 BGB).

In the family case: With their mother's death, the three children became heirs to one third each, including the child abroad. The house and the account belong to them jointly. The certificate of inheritance does not create this right of inheritance; it attests to it.

Joint certificate of inheritance or certificate for a single share?

On application, the probate court must issue to the heir a certificate of his or her right of inheritance and, if the heir is called to only part of the inheritance, of the size of the share (certificate of inheritance, Erbschein) (§ 2353 BGB). For co-heirs this results in two forms:

• Certificate for a single share: It attests to the right of inheritance of an individual co-heir and the size of his or her share, in the case at hand the right of one child to one third.
• Joint certificate of inheritance: Where there are several heirs, a joint certificate of inheritance is to be issued on application. Any of the heirs may file the application. The application must state the heirs and their shares; stating the shares is not required if all applicants waive their inclusion in the certificate (§ 352a FamFG). Details are in the article linked above.

Whether a certificate covering only one's own share is sufficient towards the land registry or the bank for the entire community is not governed by the provisions evaluated. This remains an open question to be examined.

In the family case: The joint certificate covers all three children; the certificate for a single share covers only the child whose right of inheritance it attests. Which proof is sufficient for the house and the account is something you should clarify with the land registry and the bank before applying.

Who gets the certificate of inheritance in hand?

Anyone who credibly shows a legal interest can request that the court issue them an official copy (Ausfertigung) of the certificate of inheritance (§ 357 FamFG para. 2). For co-heirs this means:

• Each child can request its own official copy if it credibly shows a legal interest.
• The wording does not say that each child receives its own copy as a matter of course.
• Who receives an official copy on issue without having to ask, and when a co-heir has a legal interest, is not governed by the provisions evaluated. Both remain open.

This article gives no information on the number or the cost of further official copies.

In the family case: If a child needs its own copy for the land registry or the bank, it can request an official copy from the probate court if it credibly shows a legal interest. Whether this need counts as a legal interest is not answered by the wording; this is best clarified in a consultation or with the probate court.

Florian Enders on the certificate of inheritance in a community of heirs

What applies if a co-heir does not respond?

Acceptance by expiry of the period: The heir can no longer disclaim the inheritance once he or she has accepted it or once the period prescribed for disclaiming has expired. On expiry of the period, the inheritance is deemed accepted (§ 1943 BGB). The period is six weeks. It begins at the point in time when the heir learns of the devolution of the inheritance and of the reason for being called to inherit. §§ 206 and 210 BGB apply accordingly to the running of the period. The period is six months if the deceased had his or her last domicile only abroad or if the heir is abroad when the period begins (§ 1944 BGB).

The fact that the child abroad is silent therefore does not yet show that the period has expired. What matters is when the child learned of the devolution of the inheritance and of the reason for being called, and where the child was staying at that time.

Statement in the application: If not all heirs file the application, it must state that the other heirs have accepted the inheritance. § 352 para. 3 FamFG also applies to these statements about the other heirs (§ 352a para. 3 FamFG). Under § 352 FamFG para. 3, the following must be proven by public documents: the time of death, the relationship on which the right of inheritance is based and, if a person has dropped out who would exclude the applicant from succession or reduce the applicant's share, the manner in which that person dropped out. If the documents cannot be obtained, or only with disproportionate difficulty, it is sufficient to indicate other evidence. To prove the other required statements, including acceptance, the applicant declares in lieu of an oath before a court or a notary that he or she knows of nothing that contradicts the accuracy of the statements.

Affidavit in lieu of an oath (Versicherung an Eides statt): For the joint certificate of inheritance, all heirs generally make the declaration, unless the probate court considers the declaration of one or more heirs sufficient (§ 352a para. 4 FamFG). In addition, the probate court can waive the declaration for the applicant if it considers it unnecessary (§ 352 para. 3 sentence 4 FamFG). Both are decided by the court. The wording provides no entitlement to having the declarations of the two reachable children suffice.

Finding by the court: The certificate of inheritance is only to be issued if the probate court considers the facts required to substantiate the application to be established (§ 352e FamFG para. 1). Whether the court considers acceptance by the child abroad established if it is not documented when the child gained knowledge is not answered by the wording. Equally open here is whether a curatorship of the estate or a curatorship for an absent person comes into consideration for an unreachable child.

In the family case: The two reachable children record what they know about their sibling's whereabouts and knowledge. The application for the joint certificate of inheritance must state that the third child has accepted the inheritance. Whether the court lets their declarations suffice is up to the court.

What happens in a dispute over succession or shares?

Who is a party: In proceedings for the issue of a certificate of inheritance, the applicant is a party. The statutory heirs may be joined as parties, as may the opponents of the applicant if a lawsuit over the right of inheritance is pending. At their request they must be joined (§ 345 FamFG para. 1). Whether a lawsuit over his or her right of inheritance is pending must already be stated by the applicant in the application (§ 352 para. 1 no. 6 FamFG).

How the decision is made: The decision is made by court order (Beschluss), which takes effect when it is issued. It does not need to be notified (§ 352e para. 1 FamFG). The position is different if the order contradicts the declared will of a party. It must then be notified to the parties; the court suspends its immediate effectiveness and defers the issue of the certificate of inheritance until the order becomes final (§ 352e para. 2 FamFG). If the certificate of inheritance has already been issued, an appeal against the order is admissible only insofar as revocation (Einziehung) of the certificate is sought (§ 352e para. 3 FamFG).

If the certificate of inheritance is wrong: If it emerges that the certificate of inheritance issued is incorrect, the probate court must revoke it. Upon revocation it becomes invalid (§ 2361 BGB).

This article does not state appeal deadlines, the duration of the proceedings or their prospects of success. The provisions on these points are not evaluated here.

In the family case: If a child disputes the one-third share, it can apply to be joined as a party and declare its will. If the order contradicts this declared will, the certificate of inheritance is only issued once the order becomes final.

What may a co-heir do alone with the certificate of inheritance?

It is presumed that the person named as heir in the certificate of inheritance holds the stated right of inheritance; if someone acquires an estate asset from that person by legal transaction or performs to that person on the basis of a right belonging to the estate, the content of the certificate is deemed correct in that someone's favour to the extent the presumption extends, unless he or she knows that it is incorrect or knows that the probate court has demanded the return of the certificate because it is incorrect (§ 2365 BGB, § 2366 BGB, § 2367 BGB). Acting within the community of heirs, by contrast, is governed by §§ 2038 to 2040 BGB. These provisions contain no exception for the holder of a certificate of inheritance.

Two points remain open or narrowly limited:

• § 2038 para. 2 BGB refers, for administration, to §§ 743, 745, 746 and 748 BGB. These provisions are not evaluated here. Whether and to what extent the heirs can decide by majority under them, and whether this also covers dispositions, remains open.
• Under § 35 para. 3 GBO, the land registry may be content with other evidence for the registration of the owner or co-owner of a property. This requires that the property or the share is worth less than 3,000 euros and at the same time that obtaining the certificate of inheritance or the certificate of succession is possible only with disproportionate expense in costs or effort.

How a community of heirs can be dissolved is covered in the articles Dissolving a community of heirs and Community of heirs among siblings.

In the family case: Even with the certificate of inheritance in hand, none of the children can dispose of the house alone. If the balance belongs to the estate as a claim, no child can have the balance paid out to itself alone. Dispositions require all three, including the child abroad.

Step by step: application without everyone's cooperation or in a dispute

1. Compile statements and documents. Anyone applying as a statutory heir states: the time of death, the mother's last habitual residence and nationality, the relationship on which his or her right of inheritance is based, whether and which persons exist or existed who would exclude the applicant from succession or reduce the applicant's share, whether and which dispositions mortis causa exist, whether a lawsuit over his or her right of inheritance is pending, that he or she has accepted the inheritance, and the size of his or her share. If such a person has dropped out, the applicant states in what manner (§ 352 para. 1 FamFG). The time of death, the relationship on which the right of inheritance is based and the manner in which a person dropped out are proven by public documents; if these cannot be obtained, or only with disproportionate difficulty, it is sufficient to indicate other evidence (§ 352 para. 3 FamFG).
2. Clarify the absent child's situation. Record what you know about its whereabouts and about when it learned of the devolution of the inheritance and of the reason for being called. The start and the length of the period depend on this (§ 1944 BGB).
3. Determine the competent probate court. Local jurisdiction lies with the court in whose district the mother had her habitual residence at the time of her death (§ 343 FamFG para. 1).
4. File the application for the joint certificate of inheritance. It names the heirs and, unless all applicants waive their inclusion in the certificate, their shares. If not all heirs file the application, it states that the other heirs have accepted the inheritance (§ 352a paras. 2 and 3 FamFG).
5. Make the affidavit in lieu of an oath. This takes place before a court or a notary. Whether the declarations of the two reachable children suffice or whether the declaration is waived is decided by the probate court (§ 352a para. 4, § 352 para. 3 sentence 4 FamFG).
6. In a dispute, apply to be joined. A co-heir who sees the succession or the shares differently can apply to be joined as a party and declare his or her will. If the order contradicts this will, § 352e para. 2 FamFG applies.
7. Request an official copy. After issue, each child that needs its own copy can request an official copy if it credibly shows a legal interest (§ 357 para. 2 FamFG). Whether the need towards the land registry or the bank suffices for this is open here.

In the family case: Whether the application makes progress without the cooperation of the child abroad depends above all on steps 2 and 5.

Costs: value of the proceedings and party liable for costs

If the proceedings listed in § 40 para. 1 GNotKG, for example the issue of the certificate of inheritance or the taking of the affidavit in lieu of an oath, relate only to the right of inheritance of one co-heir, the value of the proceedings (Geschäftswert) is determined by that co-heir's share. The same applies if another co-heir joins an affidavit in lieu of an oath that has already been recorded (§ 40 GNotKG para. 2).

In court proceedings that are initiated only by application, the costs are owed by whoever applied for the proceedings at that instance, unless otherwise provided (§ 22 GNotKG para. 1). Who owes the notary costs of an affidavit in lieu of an oath and how the siblings settle costs among themselves is not evaluated here. The calculation scheme for the joint certificate of inheritance is in the article Applying for a certificate of inheritance.

In the family case: If only one child files the application, under the wording of § 22 para. 1 GNotKG that child is liable for the court costs, unless otherwise provided. This does not govern any settlement among the siblings.

Frequently asked questions

Does each child automatically get its own certificate of inheritance?

The provisions evaluated contain no such automatic rule. Anyone who credibly shows a legal interest can request an official copy of the certificate of inheritance (§ 357 para. 2 FamFG). The wording leaves open who receives an official copy on issue without having to ask and when a legal interest exists.

Is the inheritance deemed accepted if a co-heir remains silent?

On expiry of the disclaimer period, the inheritance is deemed accepted (§ 1943 BGB). However, the period only begins once the heir knows of the devolution of the inheritance and of the reason for being called, and it is six months if the heir is abroad when the period begins. Silence alone therefore does not show that the period has expired.

Can a co-heir use the certificate of inheritance to have the account balance paid out alone?

No, insofar as the balance is a claim belonging to the estate. The bank can then only perform to all heirs jointly, and each co-heir can only demand performance to all heirs (§ 2039 BGB). The heirs can only dispose of estate assets jointly (§ 2040 para. 1 BGB).

Can a co-heir apply for a certificate of inheritance covering only his or her own share?

Yes. On application, the probate court must issue to the heir a certificate of his or her right of inheritance and, if the heir is called to only part of the inheritance, of the size of the share (§ 2353 BGB). Whether such a certificate is sufficient towards the land registry or the bank is open here.

Is every sibling a party to the certificate of inheritance proceedings?

The applicant is a party in the first place. The statutory heirs can be joined as parties and must be joined at their request (§ 345 para. 1 FamFG). If you want to bring your view into the proceedings, you should therefore apply to be joined.

Sources, assumptions and open questions

• Sources: §§ 1922, 1924, 1943, 1944, 2032, 2038, 2039, 2040, 2042, 2353, 2361, 2365, 2366 and 2367 BGB; §§ 343, 345, 352, 352a, 352e and 357 FamFG; § 35 GBO; §§ 22 and 40 GNotKG. Official versions on gesetze-im-internet.de, retrieved on 29 October 2026. Case law has not been evaluated.
• Assumptions of the case: The widowed mother died without a will, with her habitual residence in Germany. German law applies. At the time of death exactly three children were alive, and no other persons come into consideration as heirs. For the shares it is assumed that no child disclaims the inheritance. The estate comprises a house in Germany and an account. One child lives abroad and does not respond.
• Excluded: the European Certificate of Succession, foreign law and successions with a will.
• Not evaluated and therefore open:
  • who receives an official copy on issue without having to ask and when a co-heir has a legal interest, in particular whether the need towards the land registry or the bank suffices,
  • whether the probate court considers acceptance by the child abroad established if it is not documented when the child gained knowledge, and how matters proceed if acceptance cannot be stated,
  • whether a curatorship of the estate or a curatorship for an absent person comes into consideration for an unreachable child,
  • which persons who have dropped out must be stated and proven in the specific case under § 352 para. 1 sentence 2 FamFG,
  • how a disclaimer by one of the children affects the shares,
  • whether a certificate of inheritance covering only one share is sufficient towards the land registry or the bank, and who may apply for registration in the land register,
  • what banks may require as proof of inheritance,
  • how far the provisions applicable under § 2038 para. 2 BGB permit majority decisions and whether they also cover dispositions,
  • how the duty to cooperate under § 2038 para. 1 BGB is enforced against an unreachable co-heir,
  • appeal deadlines and the duration of proceedings,
  • fee rates and amounts in euros, the notary costs of the affidavit in lieu of an oath and the settlement of costs among the co-heirs.
• Limits of this article: This article reproduces the statutory wording in general terms. It does not replace individual legal or tax advice and does not promise any particular outcome, duration or level of costs.

If you would like to assess your case

A sibling abroad, a dispute over the shares or a house that can only be disposed of by everyone jointly: such situations depend on details that a general article cannot clarify. You can find further articles in the topic area Community of heirs.

If needed, arrange an initial consultation: without obligation, confidential, on equal terms.