Applying for a German Certificate of Inheritance: Need, Application and Cost Calculation

What is a certificate of inheritance and what does it do?

On a person's death, their property passes as a whole to the heirs (§ 1922 BGB). The two children are therefore heirs before they hold any document in their hands. The certificate of inheritance confirms this: on application, the probate court must issue to the heir a certificate of his right of inheritance and, if he is called to only part of the inheritance, of the size of his share of the inheritance (§ 2353 BGB).

Its significance in legal transactions rests on four building blocks:

For the case: The certificate of inheritance primarily protects third parties who rely on it, for example a later buyer of the house. This explains its weight as proof.

When do you need a certificate of inheritance?

The provisions evaluated here contain no general obligation to apply for a certificate of inheritance. What matters is which proof the respective body is entitled to require. In the case of the two children, these are the land registry and the bank.

Land register: the house

Before the land registry, proof of succession can only be provided by a certificate of inheritance or a European Certificate of Succession (§ 35 GBO). If, however, the succession is based on a disposition mortis causa contained in a public deed, it is sufficient to submit the disposition and the record of its opening. Even then a reservation applies: if the land registry does not consider the succession proven by these documents, it may require a certificate of inheritance or a European Certificate of Succession.

The German Civil Code distinguishes the public will (öffentliches Testament), which is executed by declaration recorded by a notary (§ 2232 BGB), from the holographic will (eigenhändiges Testament), which the testator executes by a declaration written and signed in his own hand (§ 2247 BGB). According to the Higher Regional Court (OLG) Schleswig, order of 8 September 2021, 2 Wx 49/21, a holographic will does not become a public will or a public deed either through official custody or through its opening by the probate court.

§ 35(3) GBO provides a narrow exception: for the registration of the owner or co-owner, the land registry may be satisfied with other evidence if the property or the share is worth less than EUR 3,000 and obtaining the certificate of inheritance or certificate of succession would only be possible with disproportionate effort in terms of cost or trouble. Both conditions must be met.

Bank: the accounts

Among the provisions evaluated here, there is no rule for banks comparable to § 35 GBO. The Federal Court of Justice has ruled (BGH, judgment of 5 April 2016, XI ZR 440/15): the heir may also prove his right of inheritance by presenting an opened holographic will if it proves the succession with the clarity required in legal transactions. Merely abstract doubts do not entitle the bank to demand a certificate of inheritance. Whether a particular will achieves this clarity depends on the individual case. What a bank may require under its terms and conditions or the account agreement was not decided by the judgment.

Overview: ways of proof in the case

A separate article on international inheritance law covers the European Certificate of Succession and successions with a foreign element.

For the case: For the house, the two children need a certificate of inheritance or a European Certificate of Succession, unless the narrow exception under § 35(3) GBO applies, i.e. a value below EUR 3,000 combined with disproportionate effort. For the accounts, they ask the bank whether the opened will is sufficient.

AI generated: Florian Enders on the application for and costs of a certificate of inheritance

How do you apply for the certificate of inheritance?

The court with local jurisdiction is the one in whose district the deceased had her habitual residence at the time of her death (§ 343 FamFG). The further subsections govern cases without a habitual residence in Germany. Probate matters are among the matters of non-contentious jurisdiction for which the local courts (Amtsgerichte) are competent, unless another jurisdiction is established by statutory provisions (§ 23a GVG).

Applications may be submitted to the competent court in writing or for recording by the court registry (Geschäftsstelle), insofar as representation by a lawyer is not required. Applications that may be submitted before the registry clerk (Urkundsbeamter der Geschäftsstelle) can be submitted for recording at the registry of any local court; however, they only take effect once the record reaches the competent court (§ 25 FamFG). Whether these conditions are met for the application for a certificate of inheritance has not been evaluated here and is listed among the open questions at the end.

1. Deliver the will

Anyone in possession of a will that has not been placed in special official custody is obliged to deliver it to the probate court without undue delay after learning of the testator's death (§ 2259 BGB). This applies to the mother's handwritten will.

2. Opening by the probate court

As soon as the court has learned of the death, it must open any disposition mortis causa in its custody and draw up a record of the opening (§ 348 FamFG). It may set a hearing date for this purpose. It notifies the parties in writing of the content concerning them, unless they were present at the hearing.

3. Clarify acceptance or disclaimer

Anyone applying for the certificate of inheritance must state that he has accepted the inheritance (§ 352 FamFG). Whether the application itself counts as acceptance is not stated in § 1943 BGB. That provision only governs the following: anyone who has accepted or allows the disclaimer period to expire can no longer disclaim; when the period expires, the inheritance is deemed accepted. The period is six weeks. It begins when the heir learns of the accrual and of the reason for being called to inherit, and in the case of a will not before it has been notified by the probate court. In certain cases with a foreign element it is six months (§ 1944 BGB). Anyone considering a disclaimer should therefore clarify this before applying. More on this in the article Disclaiming an inheritance.

4. File the application with the statutory information

If there are several heirs, a joint certificate of inheritance must be issued on application, and each of the two children can file the application (§ 352a FamFG). The application names the heirs and their shares. The shares need not be stated if all applicants waive their inclusion in the certificate of inheritance. If only one child files the application, it must contain the statement that the other child has accepted the inheritance.

Because the children's right of inheritance is based on the will, § 352(2) FamFG requires the application to:

• identify the will on which the right of inheritance is based,
• state whether and which other dispositions mortis causa exist,
• state the time of death as well as the mother's last habitual residence and nationality,
• state whether legal proceedings concerning the right of inheritance are pending,
• state that the inheritance has been accepted, and the size of the share,
• if a person has dropped out who would exclude the applicant from the succession or reduce his share, state in what way that person dropped out.

5. Submit proof and make an affidavit in lieu of an oath

The applicant proves certain information, including the time of death, by public documents, and submits the document on which his right of inheritance is based, here the will. If documents cannot be obtained, or only with disproportionate difficulty, it is sufficient to indicate other evidence. To prove the remaining information, the applicant declares in lieu of an oath before a court or a notary that he knows of nothing that contradicts the accuracy of his statements. The probate court may waive the affidavit if it considers it unnecessary. In the case of a joint certificate of inheritance, all heirs generally make the affidavit, unless the court considers the affidavit of one or more heirs sufficient.

6. Decision of the court

The certificate of inheritance may only be issued if the probate court considers the facts required to substantiate the application to be established (§ 352e FamFG). It decides by order, which takes effect upon issuance and need not be notified. If the order contradicts the declared will of a party, it is notified to the parties; the court then suspends its immediate effect and defers issuing the certificate of inheritance until the order becomes final. If the certificate of inheritance has already been issued, an appeal against the order is only admissible insofar as withdrawal of the certificate is requested.

Assets abroad: If the inheritance also includes objects located abroad, the application may be limited to the objects located in Germany (§ 352c FamFG). An object for which a German authority keeps a book or register for the registration of the entitled person, and a claim for which a German court has jurisdiction, are also deemed to be located in Germany. In the case of the two children, this plays no role.

Duration: The provisions evaluated here contain no deadline for the decision. A reliable statement on the duration of the proceedings is therefore not possible here.

For the case: The children deliver the will, clarify before applying whether both wish to accept, and then file the application for a joint certificate of inheritance together or individually.

What does a certificate of inheritance cost?

The costs depend on the value of the matter (Geschäftswert). For the proceedings to take the affidavit in lieu of an oath and for the proceedings to issue the certificate of inheritance, the value of the matter is in each case the value of the estate at the time of the succession (Erbfall); liabilities originating from the deceased are deducted (§ 40 GNotKG). The fee results from the value of the matter according to Table A or Table B (§ 34 GNotKG); the fee rises with the value in steps. Which table and which fee rate applies to the respective proceedings is governed by the schedule of fees (Annex 1 GNotKG). This could not be evaluated for this article, so a scheme without a euro amount follows.

The calculation scheme

Example with disclosed assumptions

The following values are freely chosen and serve only as an illustration. How the value of individual assets, such as the house, is to be applied for the value of the matter has not been evaluated here.

Whether further items such as funeral costs are to be deducted in addition to the mother's debts is not answered by the wording evaluated here; the example therefore contains no such items. If you suspect debts in the estate, the article Inheritance and debts deals with the heir's liability.

Deviations from the basic case

• Only one child's right of inheritance: If the proceedings relate only to the right of inheritance of one co-heir, the value of the matter is determined by that co-heir's share. The same applies if a further co-heir joins an affidavit in lieu of an oath that has already been recorded (§ 40(2) GNotKG).
• Restricted certificate of inheritance: If the effects of a certificate of inheritance extend only to part of the estate, the objects not covered are disregarded, and estate liabilities are not deducted. If the person liable for the costs credibly shows that the value of the matter under subsection 1 is lower, that value is decisive (§ 40(3) GNotKG).

Can the costs be deducted for inheritance tax purposes?

Deductible from the acquisition as estate liabilities are, among other things, the costs incurred by the acquirer directly in connection with the settlement, regulation or distribution of the estate or with obtaining the acquisition, unless § 10(6) to (9) ErbStG provides otherwise (§ 10(5) no. 3 ErbStG). For these costs, together with the costs of the funeral, an appropriate gravestone and customary grave maintenance, a total amount of EUR 15,000 is deducted without proof. Costs for the administration of the estate are not deductible. Whether the costs of the certificate of inheritance fall under this provision in the specific case and how they affect tax has not been evaluated here; no tax saving is promised.

For the case: The children draw up a list of the estate as at the date of death and deduct the mother's debts. With this value of the matter, the probate court or notary can calculate the fees according to the schedule of fees.

Notarial will as provision for your own heirs

Anyone who, as a testator, wishes to make proof before the land registry easier for their heirs finds a starting point in the law: a public will is executed by declaration recorded by a notary, and for a disposition in a public deed, the disposition and the record of its opening suffice before the land registry (§ 35(1) sentence 2 GBO). The reservation remains: if the land registry does not consider the succession proven by these documents, it may require a certificate of inheritance or a European Certificate of Succession.

Whether this route pays off economically can only be answered by a comparison whose amounts are open here:

No saving can be read from this without the fee rates. Which form of will suits your situation does not depend on costs alone and is a matter for advice. The article Will at the notary describes the procedure at the notary.

Takeaway: Anyone leaving real property now knows the statutory difference between the two forms of will for the land register and can compare the costs of both routes concretely with the notary.

Frequently asked questions

Do we need a certificate of inheritance despite a handwritten will?

For the house, yes, except in the narrow exception for a value below EUR 3,000 combined with disproportionate effort: the land registry requires a certificate of inheritance or a European Certificate of Succession, because a holographic will is not a public deed. For the accounts, according to the BGH, the opened will can suffice if it proves the succession clearly.

Can one child apply for the certificate of inheritance alone?

Yes. Each heir can apply for the joint certificate of inheritance. The application must then state that the other child has accepted the inheritance. The affidavit in lieu of an oath is generally made by all heirs, unless the court considers that of one or more heirs sufficient or waives it entirely.

Where do we file the application?

With the probate court at the mother's habitual residence at the time of her death. Under § 25 FamFG this can be done in writing or for recording by the court registry, insofar as representation by a lawyer is not required; before any local court only for applications that may be submitted before the registry clerk, and effective only upon receipt by the competent court. Whether this applies to the application for a certificate of inheritance is open here. The affidavit in lieu of an oath is made before a court or a notary.

Are debts deducted from the value of the estate?

For the value of the matter, liabilities originating from the deceased are deducted, in the case for example the mother's loan. For a certificate of inheritance restricted to specific assets, estate liabilities are not deducted, unless the person liable for the costs credibly shows a lower value under subsection 1.

What happens if the certificate of inheritance is wrong?

If it turns out that the certificate of inheritance issued is incorrect, the probate court withdraws it; upon withdrawal it becomes invalid. Anyone who acquires in good faith from the certificate heir is protected within the scope of public faith, but not if he knows of the incorrectness or knows of the court's demand for its return.

How long do the proceedings take?

The provisions evaluated here set no deadline. This article therefore cannot give a reliable statement on the duration; please ask the competent probate court.

Sources, assumptions and open questions

• Sources: §§ 1922, 1943, 1944, 2232, 2247, 2259, 2353, 2361, 2365, 2366 and 2367 BGB; §§ 25, 343, 348, 352, 352a, 352c and 352e FamFG; § 23a GVG; § 35 GBO; §§ 34 and 40 GNotKG; § 10 ErbStG. Official versions on gesetze-im-internet.de, retrieved between 14 October 2026 and 17 October 2026.
• Case law: BGH, judgment of 5 April 2016, XI ZR 440/15, on proof towards banks; OLG Schleswig, order of 8 September 2021, 2 Wx 49/21, on the holographic will in land register proceedings. Further case law has not been evaluated.
• Assumptions of the case: the mother's habitual residence in Germany, German law, a single valid handwritten will with both children as heirs in equal shares, no assets abroad. The amounts in the cost example are freely chosen.
• Not evaluated and therefore open:
  • the fee rates of the schedule of fees (Annex 1 GNotKG) for issuance, affidavit in lieu of an oath and opening, and the allocation to Table A or B; hence no euro amount,
  • how the value of individual assets, such as the house, is to be applied for the value of the matter and whether items such as funeral costs are to be taken into account,
  • who owes the court and notary costs, as well as expenses and VAT,
  • whether the application for a certificate of inheritance itself counts as acceptance of the inheritance,
  • whether the conditions of § 25 FamFG are met for the application for a certificate of inheritance, i.e. no mandatory representation by a lawyer and admissibility of submission before the registry clerk,
  • whether the application can be filed via a notary; the wording evaluated mentions the notary only for the affidavit in lieu of an oath,
  • whether a certificate of inheritance can be issued before the will is opened,
  • what banks may require under terms and conditions or the account agreement, and what insurers and other bodies may require as proof,
  • the duration of the proceedings,
  • whether costs of a certificate of inheritance fall under § 10(5) no. 3 ErbStG, how the flat amount applies where there are several acquirers, and the application rule of § 37 ErbStG for older successions,
  • the applicable law and the European Certificate of Succession where there is a foreign element, administrative guidance and commentary literature.
• Limits of advice: This article reproduces the statutory wording and the decisions cited in general terms. It does not replace individual legal or tax advice and does not promise any particular outcome or amount of costs.

If you would like to assess your case

A house in the estate, several heirs, a will whose content raises questions, or assets abroad: the route to proving succession depends on details that a general article cannot clarify. Further articles on the first steps can be found in the topic area Succession: First steps.

If needed, arrange an initial consultation: non-binding, confidential, on an equal footing.