Withdrawing a joint certificate of inheritance

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

There is a joint certificate of inheritance and this identifies persons as heirs who are not heirs.

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).

• 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.

• § 353 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
• Table of fees: Court and Notary Costs Act (GNotKG) Annex 2 (to § 34 paragraph 3)

none

The processing time depends on the complexity of the inheritance.

• § 2361 Civil Code (BGB)
• § 353 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

A complaint may be lodged against the confiscation order.

• Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) § 353

Forms are not required.

23.06.2021