We recommend that the applicant shows all the original documents of which copies were provided with the questionnaire during this appointment. If he/she wants to have an English translation of the application, the applicant will be responsible for all costs incurred by a translation. If the applicant does not understand German, the consular agent will explain the contents of the paper to the applicant and translate it orally. As German is the official language in Germany, the text of the application will be put forward only in German. The German Mission will prepare the application document and contact the applicant as soon as the application is drafted to set up an appointment for the applicant to appear at the German Mission and to sign the document in due form.
last will, letters testamentary, death certificates, birth certificates, marriage certificates etc.).Ģ. We recommend that you enclose copies of all documents proving the right to inherit (e. Therefore, please use the prepared questionnaire below. The applicant has to provide all information necessary in advance, to enable the German Missions to draft a formal application.
How to obtain a Certificate of Inheritanceġ. He/she does not need a power of attorney to apply in their names. The applicant usually applies in the name and on behalf of all heirs. This application may be filed with the Nachlassgericht directly (if there are heirs in Germany), a German “Notar” (notary) or through the German Missions abroad.
This court is usually located at the last residence of the decedent or, if he had no residence in Germany, it is determined by the location of assets of the estate.įor the issuance of the Erbschein, it is mandatory that at least one of the heirs - under special circumstances also the executor or the trustee as named in an Anglo-American will - applies for the certificate by giving an affidavit/declaration in lieu of oath. It is issued by a German surrogate's court (“Nachlassgericht”). However, heirs have to prove their title of succession by a certificate of inheritance (“ Erbschein”) which is required for the heir(s) to dispose of real estate or bank assets. The executor or trustee of an estate, as envisioned in Anglo-American law, is basically unknown to German law. Succession is determined either by law or by disposition in contemplation of death. According to German law, the estate located in Germany of a decedent underlies the principle of 'universal succession,' meaning that the heirs become owners of the decedent's estate upon his death.
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