Applying for a certificate of inheritance: requirements and tips for inherited property
Have you inherited a property, but there is no notarised will? In this case, you will need a certificate of inheritance to prove the succession and sell the property.
What is a certificate of inheritance and when is it required?
A certificate of inheritance is an official document that is applied for at the probate court. It confirms:
- Who the heir is
- How large the inheritance share is
A certificate of inheritance is required if:
- No notarised will or contract of inheritance exists
- An application is made to change the land register for an inherited property
Important: By applying for a certificate of inheritance, you accept the inheritance - it is then no longer possible to renounce it at a later date.
What steps are necessary?
The following steps are required to sell the inherited property:
- Apply for a certificate of inheritance at the probate court - the local court at the last place of residence of the deceased is responsible.
- Apply for a change in the land register - you will be entered as the new owner.
- Sale of the property - the prerequisite is proof of ownership.
Alternatives: If there is a notarised will or a contract of inheritance, the certificate of inheritance is not required. However, in some cases the land registry will still require additional evidence.
The legal succession
Without a will or contract of inheritance, statutory succession applies:
- First order: Children and grandchildren
- Second order: Parents and siblings
- Third order: Grandparents, uncles and aunts
The amount of the inheritance certificate fees depends on the value of the property and is determined by the probate court.
Do you have questions about your inherited property? Get in touch with us! We are happy to advise you.
Further information
- Legal succession: Basics
- Certificate of inheritance: definition and application
- Types of inheritance in Germany
Legal notice: This article does not constitute tax or legal advice. Please contact a lawyer or tax consultant for individual questions.
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