Inherited property – Why the certificate of inheritance is important

Anyone wishing to sell an inherited property needs proof of ownership. Ideally, there is a will naming the new owner. If there isn't one, a certificate of inheritance is required.

A certificate of inheritance provides information about inheritance rights. It states who the heirs are and the size of their share. It is issued by the probate court and must be applied for. Applying for a certificate of inheritance constitutes acceptance of the inheritance, which cannot be later renounced.

If there is no will, then a certificate of inheritance is required

Anyone who inherits real estate without a will absolutely needs a certificate of inheritance to claim the inheritance. Sole heirs receive a certificate of inheritance for sole heirs. Several heirs form a community of heirs and usually receive a joint certificate of inheritance. However, it is also possible to apply for a partial certificate of inheritance. This then only applies to each individual's share of the inheritance.

When selling a property, the land register extract one of the documents relevant to the sale. It provides information about who owns the property. The land register regulations require the presentation of a certificate of inheritance. Only then does the heir or the community of heirs become the legal owner.

If a notarized will or inheritance contract exists, a certificate of inheritance is generally not required. However, if the wording in the will or inheritance contract is unclear or ambiguous, the land registry office may still require a certificate of inheritance.

Legal succession

If the deceased left neither a will nor an inheritance contract, the estate is inherited according to the statutory order of succession . This means that the inheritance passes to the heirs according to their degree of kinship. First come the children and grandchildren, then parents and siblings, followed by grandparents, uncles, and aunts.

If there is an heir from the first degree of kinship, relatives of the second or third degree are not eligible to inherit. According to statutory inheritance law, spouses are entitled to one-quarter of the deceased partner's estate, in addition to the children. If there are only heirs of the second degree of kinship, the widow or widower inherits half of the estate.

To apply for a certificate of inheritance, the local court (Amtsgericht) of the deceased's last place of residence is usually the appropriate contact. The certificate can then be applied for directly at the probate court or drawn up by a notary. The notary then forwards the application to the probate court. Fees are charged for issuing the certificate of inheritance. The amount depends on the value of the property.

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Notes

For the sake of readability, this text uses the generic masculine form. Female and other gender identities are explicitly included where relevant to the statement.

Legal notice: This article does not constitute tax or legal advice for any specific case. Please consult a lawyer and/or tax advisor to clarify the facts of your individual situation.

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