Certificate of Inheritance (Erbschein) in Germany 2026: Procedure, Costs and Deadlines

Introduction

We know how hard this time is for you. Alongside the grief come the formalities, and one word surfaces early: the certificate of inheritance (Erbschein).

In short: you apply for the certificate of inheritance at the probate court (Nachlassgericht; a local court, Amtsgericht) or at a notary. Whether you need one depends on what the bank or the land registry (Grundbuchamt) asks for, and on whether there is a notarial will or a contract of inheritance (Erbvertrag) with the record of its opening (Eröffnungsniederschrift, the minutes of the will's opening). The fees follow the value of the estate: with an estate of 50,000 euros, 330 euros in court fees, at a notary plus value added tax (VAT) and disbursements (as at 20 September 2026). The courts name no fixed duration, and the Erbschein itself has no deadline — the well-known six weeks belong to disclaiming the inheritance (Ausschlagung).

This article takes the questions in order: do you need an Erbschein, how does the application work, what does it cost, which deadlines really apply — and what changes with a foreign element? Our overview sums up the first steps after a death. Many families also put their memories in order at this time; a digital memorial page can be a quiet place for that.

Do I need a certificate of inheritance?

Not always. The Erbschein is the probate court's formal confirmation that you are an heir. You usually need it only when somebody asks for that proof and nothing else will do. Banks often accept a will opened by the court; the land registry is stricter, as the table shows.

You become an heir at the moment of death: under § 1922 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) the estate passes as a whole — without prejudice to your right to disclaim it (§ 1942 BGB). The Erbschein does not create that position but proves it: under § 2365 BGB the succession it shows is presumed correct, and §§ 2366, 2367 BGB protect anyone who acquires or pays in reliance on it. In these German citations "Abs." is a subsection, "Satz" a sentence, "Nr." a number and "Buchst." a lettered point.

The truth lies in the middle — neither "always necessary" nor "never permitted": a bank may not ask for the Erbschein routinely, but it may where there are specific, well-founded doubts about the succession. So the BGH held in 2013 (XI ZR 401/12) and 2016 (XI ZR 440/15); in the second case the bank had to reimburse the certificate costs it had wrongly demanded. According to Amtsgericht München, the Erbschein is unavoidable when the estate includes real property and succession follows the statute or a handwritten will.

A power of attorney that survives death: access, but not proof of heirship

According to the Federal Ministry of Justice (Bundesministerium der Justiz), an account mandate surviving death (Vollmacht über den Tod hinaus) can cover the first costs until the Erbschein is issued. In the BGH's view, however, it does not in principle allow the authorised person to have the account transferred into their own name (XI ZR 191/08). It gives access, not proof, and the heirs can revoke it at any time — see our guide to the advance directive and healthcare proxy.

Who inherits? The statutory order of succession in brief

The shares below apply only where there is no will — a disposition on death takes precedence under § 1937 BGB — and under the statutory property regime of the community of accrued gains (Zugewinngemeinschaft), that is, without a marriage contract (§ 1363 Abs. 1 BGB). Relatives inherit in orders:

Under § 1930 BGB a relative is not called to the succession as long as someone from an earlier order is alive. A child therefore excludes parents, siblings and grandparents — but not the surviving spouse.

Where grandparents meet their own descendants, the spouse's share rises further (§ 1931 Abs. 1 Satz 2 BGB). Registered civil partners rank equally with spouses (§ 10 of the Civil Partnership Act, Lebenspartnerschaftsgesetz, LPartG). According to the Federal Ministry of Justice brochure (July 2025), unmarried partners have no statutory right of inheritance, nor do relatives by marriage. A spouse's statutory right falls away on divorce. Survivors' pensions like the widow's pension are a separate matter for the pension insurance.

Applying for a certificate of inheritance: the procedure in 5 steps

You normally apply in person, at the probate court with jurisdiction or before a German notary. You give the particulars of the succession and affirm in lieu of an oath that you know of nothing speaking against their accuracy; the court then issues the Erbschein by formal decision.

Step 1 — Submit the will, establish the succession and decide on acceptance

Submit any existing will to the probate court without undue delay and establish who is an heir under the will or under the statutory order of succession. Decide as well whether you accept or disclaim the inheritance: in the application you have to state that you have accepted it.

The duty to submit it is in § 2259 Abs. 1 BGB; "unverzüglich" means without culpable delay. The statement on acceptance is required by § 352 Abs. 1 Satz 1 Nr. 7 of the Act on Proceedings in Family Matters (Gesetz über das Verfahren in Familiensachen, FamFG); after acceptance, disclaiming is no longer possible (§ 1943 BGB) — more under disclaiming or accepting the inheritance.

Step 2 — Choose between the probate court and a notary

The court with jurisdiction is the local court acting as probate court at the place where the person who died was last habitually resident. You can lodge the application there or before any German notary. Arrange an appointment in advance.

Local jurisdiction follows § 343 Abs. 1 FamFG; that the probate court is a local court follows from § 23a of the Courts Constitution Act (Gerichtsverfassungsgesetz, GVG). According to the Hessian Ministry of Justice's information portal, if you live outside the competent court's district, the application may also be recorded at any other local court, and if you are abroad, at any German embassy or consulate.

An online application is usually not available, because the particulars must be affirmed in lieu of an oath; some courts at least offer an online appointment request. Whether your court exceptionally waives the affirmation (§ 352 Abs. 3 Satz 4 FamFG) and then allows a written application is for it to decide. There is no evidence that the notarial route is any faster.

Step 3 — Gather the documents

Gather your identity document, the death certificate, civil status records and the will together with the record of its opening. Submit originals or certified copies; plain photocopies are not enough. Which documents are needed in your case is for the probate court to decide.

The list is typical but not exhaustive: according to the Hessian Ministry of Justice, the nature and number of documents can differ; missing records can be supplied later (Amtsgericht München).

If your right to inherit rests on a will, you need not document the chain of relationships (§ 352 Abs. 2 FamFG). Civil status records come from the registry office (Standesamt) of the place of birth, marriage or death — see our guide to the death certificate.

Step 4 — Lodge the application and give the affirmation in lieu of an oath

You give the particulars about the succession that the statute requires and affirm in lieu of an oath that you know of nothing that contradicts their accuracy. This normally happens in person at the probate court or before a notary; the court may waive the affirmation in exceptional cases.

The affirmation in lieu of an oath (eidesstattliche Versicherung) is a formal declaration for whose accuracy you answer. § 352 Abs. 1 FamFG lists the mandatory particulars, from the time of death to the size of the share; the court may waive it (Abs. 3, sentences 3 and 4). According to Amtsgericht München you cannot send someone in your place; a lawyer, however, is not needed.

Step 5 — Examination by the court and issue of the certificate

The probate court investigates the facts of its own motion and issues the certificate of inheritance by formal decision. The courts name no fixed processing time; it depends, among other things, on how complete the application and the documents are.

The duty to investigate ex officio follows from § 26 FamFG; the Erbschein is issued only if the court regards the necessary facts as established (§ 352e Abs. 1 FamFG). According to the judicial authorities of North Rhine-Westphalia, the decision normally lies with a judicial officer (Rechtspfleger), and with a judge where objections are raised on the basis of testamentary succession. Rechtspfleger are court officials with their own power of decision.

Sole, joint and partial certificates of inheritance

If you inherit alone, the certificate to ask for is a sole heir's certificate (Alleinerbschein). Where there are several heirs, a joint certificate (gemeinschaftlicher Erbschein) is issued on application; under § 352a Abs. 1 FamFG any co-heir may apply alone, but must then state that the others have accepted as well (Abs. 3). If the certificate shows the right of some but not all co-heirs, it is a partial certificate (Teilerbschein) — the terms follow the federal justice portal. For executors, § 2368 BGB provides a certificate of its own.

Did you know? Alongside the paperwork, many families gather their memories in one place. A digital memorial on Kinmory holds photographs and a life story for all the relatives. See the digital memorial

What does a certificate of inheritance cost in 2026?

Court fees follow the value of the estate and normally arise twice: once for the application, once for the affirmation in lieu of an oath. With an estate of 50,000 euros that is 330 euros under Table B of the GNotKG, as at 20 September 2026. A notary charges the same basic fees, plus statutory VAT (Umsatzsteuer) and disbursements.

How the value of the estate is calculated

What counts is the transaction value (Geschäftswert) under § 40 Abs. 1 of the Court and Notary Costs Act (Gerichts- und Notarkostengesetz, GNotKG): the value of the estate at the time of death, less "liabilities originating from the deceased". Which items those are is for the probate court or a notary to clarify.

Basis: Table B, Anlage 2 (zu § 34 Abs. 3) GNotKG, BGBl. 2025 I Nr. 109, p. 18, in force since 1 June 2025; checked on 20 September 2026. If the value falls between two rows, the next row up applies: 100,000 euros under "up to 110,000", 250,000 euros under "up to 260,000"; there is no interpolation. The third column is only a step in the calculation, not "the price of the Erbschein".

Example: an estate of 50,000 euros

Two fees arise from the same transaction value, each under a number of the schedule of costs (Kostenverzeichnis, KV) to the GNotKG: KV 12210 for the proceedings on the application, 165.00 euros, and KV 23300 for taking the affirmation, a further 165.00 euros — 330.00 euros in all. If the court waives the affirmation (§ 352 Abs. 3 Satz 4 FamFG), one fee remains.

Probate court or notary: what changes?

The basic fees are identical on both routes: where a notary records application and affirmation, the fee under KV 23300 also covers the notarial recording of the application (Vorbemerkung 2.3.3 Abs. 2 KV), while the court fee KV 12210 arises alongside it. On the notarial part, statutory VAT and disbursements are added; at the probate court, according to the Federal Ministry of Justice, no VAT arises. We give no total for the notarial route: further items depend on the instructions. The tariff is not negotiable (§ 17 Abs. 1 of the Federal Code for Notaries, Bundesnotarordnung, BNotO).

What these fees do not include

The following are charged separately:

• the opening of a will: KV 12101, 109.00 euros; where several dispositions of the same deceased person are opened at the same time at the same court, only once
• disclaiming an inheritance: KV 21201 Nr. 7, 0.5 of the Table B fee, at least 30.00 euros
• certifications of documents
• land registry fees

Who pays, and what applies if money is tight?

The costs are owed by the person who lodges the application (§ 22 Abs. 1 GNotKG); several applicants are jointly and severally liable, so the court may claim the full amount from any one of them (§ 32 GNotKG). The court asks for an advance only where this appears necessary to secure receipt of the fee (§ 13 GNotKG); a notary may ask for one (§ 15 GNotKG).

If money is tight, the law provides two forms of relief. Legal aid for court costs (Verfahrenskostenhilfe) is state support for the court fees where income and assets do not stretch to them: so far as it is granted, the court may not make the step in question conditional on payment (§ 16 Nr. 1 GNotKG). Anyone who would qualify for legal aid in civil proceedings (Prozesskostenhilfe) under the Code of Civil Procedure (Zivilprozessordnung) has the notarial recording done provisionally without a fee or against monthly instalments (§ 17 Abs. 2 BNotO). Whether Verfahrenskostenhilfe is an option (§ 76 FamFG) is best asked at the probate court.

Claiming the cost of the certificate against tax

Costs of settling the estate, among them the Erbschein fees, are deductible for inheritance tax; under § 10 Abs. 5 Nr. 3 of the Inheritance and Gift Tax Act (Erbschaftsteuer- und Schenkungsteuergesetz, ErbStG) a total of 15,000 euros is deducted without proof — either the flat rate or the higher costs you can document, not both. Details under deducting funeral costs from tax.

Deadlines and duration: what is urgent and what is not

There is no statutory deadline for the Erbschein itself. Other time limits do run, however: anyone wishing to disclaim an inheritance has six weeks from learning of it. The tax office and the land registry have deadlines of their own. The table shows what is urgent and what is not.

"No deadline" does not mean "no time pressure": the strongest argument against putting this off is the fee-free correction of the land register within two years.

Disclaiming or accepting the inheritance: the six-week deadline

Disclaiming means declaring that you do not accept the inheritance. You have six weeks for it (§ 1944 Abs. 1 BGB). The period runs not from the death, but from when you learn of the devolution and the ground of your being called; with a disposition on death — a will or a contract of inheritance — not before the probate court notifies it (Abs. 2).

It is six months if the deceased's last domicile was only abroad, or if you are abroad when the period begins (Abs. 3). According to the guidance leaflet of the Bavarian judicial authorities, it cannot be extended. The declaration must reach the probate court in time, recorded there or publicly certified (§ 1945 BGB); a letter or an email is not enough. It costs at least 30.00 euros.

After acceptance, disclaiming is no longer possible; once the period expires, the inheritance counts as accepted (§ 1943 BGB). Conduct that implies acceptance suffices: you do not have to sign anything, and according to the judicial authorities of North Rhine-Westphalia it is enough, for instance, to assert claims belonging to the estate. Purely protective measures, or paying the funeral costs, need not count as acceptance. If you disclaim, the inheritance passes to whoever would have been called in your place — often your own children, for whom a fresh period then runs (§ 1953 BGB).

This is why the Erbschein and disclaiming are bound up with each other: in the application you must state that you have accepted (§ 352 Abs. 1 Satz 1 Nr. 7 FamFG). So decide first whether you want to accept.

Heirs are liable for the debts of the estate (§ 1967 BGB) and bear the funeral costs (§ 1968 BGB). If you suspect debts, seek advice before applying, at the probate court or from a lawyer specialising in inheritance law (Fachanwalt für Erbrecht). If everyone called disclaims, the inheritance ultimately passes to the federal state or the Federation (§ 1953 Abs. 2, § 1936 BGB); the federal states' public-law duty to arrange a burial is unaffected. If the funeral costs cannot be met, our article on the social welfare funeral will help.

How long does a certificate of inheritance take? There is no fixed duration

According to Amtsgericht Lörrach, no general statement on the duration is possible; it depends on the effort of the investigations and of hearing the parties, and on how complete the documents are. If the decision contradicts the declared will of a party, it does not take effect for the time being (§ 352e Abs. 2 FamFG) — contested cases take longer. The figures in weeks circulating online have no official basis.

Cross-border estates: the European Certificate of Succession

If the estate includes assets abroad, or the deceased was a foreign national, a German Erbschein is not always enough. In the Member States bound by the European Succession Regulation (not Denmark and Ireland), the European Certificate of Succession (Europäisches Nachlasszeugnis, ENZ) serves that purpose. Whether you need it depends on the country where you have to produce it.

What the EU Succession Regulation governs

The European Succession Regulation applies to persons who died on or after 17 August 2015 (Art. 83 Abs. 1). In principle the law of the last habitual residence applies (Art. 21), and its courts have jurisdiction over the whole estate (Art. 4). Poland is bound as Germany is; the United Kingdom is a third country.

The European Certificate of Succession (ENZ)

It is meant for heirs, for legatees (who receive a single item) with direct entitlement, for executors and for estate administrators who must invoke their status in another Member State (Art. 63 Abs. 1). It does not replace the domestic documents (Art. 62 Abs. 3). In Germany the local court as probate court issues it (§ 34 Abs. 4 of the Act on International Succession Procedure, Internationales Erbrechtsverfahrensgesetz, IntErbRVG); for the application there is the non-binding Form IV of Implementing Regulation (EU) No 1329/2014.

Certified copies are valid for six months; the expiry date is shown on the copy, and in duly justified exceptional cases the authority may set a longer period (Art. 70 Abs. 3). A further certified copy, or an extension of its validity, costs 22.00 euros (KV 12218). Where the estate includes assets abroad, the application may be limited to those in Germany (§ 352c FamFG).

Turkish nationals: the Estate Agreement of 1929

According to the Federal Foreign Office (Auswärtiges Amt), the Estate Agreement of 1929 (Nachlassabkommen) between Germany and Turkey still applies; it remains applicable under Art. 75 Abs. 1 of the European Succession Regulation because Turkey is a third country. It leads to a split estate: movable property follows the law of the deceased's nationality at the time of death, immovable property the law of the place where it lies (OLG Hamm, 21 March 2019 – 10 W 31/17). For real property in Germany the heirs therefore need a German Erbschein. For movable property in Germany alone, a Turkish certificate of inheritance suffices; under § 17 of the agreement it must be certified by a Turkish consulate in Germany — in some cases an apostille is accepted.

Russian nationals: the German-Soviet Consular Treaty

For Russian nationals the German-Soviet Consular Treaty has to be observed: under it, German law governs immovable property in Germany (Art. 28 Abs. 3), and according to the table of treaty references of the Federal Ministry of Justice (as at 31 December 2025) the treaty remains in force in relation to Russia. In both cases you should have your own situation examined by a notary or a lawyer specialising in inheritance law.

Frequently asked questions

Do I need a certificate of inheritance if there is a will?

Not always. If there is a notarial will or a contract of inheritance together with the record of its opening, that is generally sufficient for the land registry under the statute, and it is usually enough for banks too. A handwritten will may satisfy the bank if it establishes the succession unambiguously. The land registry, however, then requires a certificate of inheritance or a European Certificate of Succession.

How long do I have to apply for a certificate of inheritance?

There is no statutory deadline for the certificate of inheritance; you can apply at any time, even years after the death. The well-known six weeks apply to disclaiming the inheritance and begin as soon as you learn of the death and of the ground on which you are called to inherit. If the person who died lived only abroad, or if you are abroad when the period starts, it is six months.

Can the bank insist on a certificate of inheritance?

Not as a matter of routine. According to the Federal Court of Justice, a bank may not demand the certificate without limitation; an heir can prove their right in other ways, for example with a will that the court has opened. Where there are specific, well-founded doubts about the succession, however, the bank may require it. There is no statutory monetary threshold below which no certificate would be needed.

How long does it take to get a certificate of inheritance?

The courts name no fixed duration. According to one local court, it depends on how extensive the investigations and the hearing of the parties are, and on how complete the application and the documents are. Reliable figures in weeks therefore do not exist. Ask at your probate court what processing time is usual there at the moment.

Probate court or notary: where do I apply for the certificate of inheritance?

Both are possible: you lodge the application at the probate court with jurisdiction or before any German notary. The basic fees under the GNotKG are normally the same, because they are based on the same value of the estate. At the notary, statutory value added tax and disbursements are added for the notarial part. In both cases the certificate itself is issued by the probate court.

Does applying for a certificate of inheritance count as accepting the inheritance?

The statute does not say so expressly, but the application presupposes acceptance: in it you have to state that you have accepted the inheritance (§ 352 FamFG). After acceptance, disclaiming is no longer possible. So settle the question of whether you want to accept before you apply. If you suspect debts, seek advice beforehand from the probate court or from a lawyer specialising in inheritance law.

What does a certificate of inheritance cost for an estate of 50,000 euros?

At the probate court the court fees normally come to 330 euros: twice 165 euros under Table B of the GNotKG, once for the application and once for the affirmation in lieu of an oath (as at 20 September 2026). What counts is the value of the estate less the liabilities originating from the deceased. At a notary, value added tax and disbursements are added.

Summary

• Not always necessary: only where the bank or the land registry asks for the proof and nothing can replace it.
• Application: at the probate court or before any German notary, usually in person and with an affirmation in lieu of an oath.
• Costs: value-dependent under Table B of the GNotKG, normally charged twice; with an estate of 50,000 euros, 330 euros in court fees, at a notary plus VAT and disbursements (as at 20 September 2026).
• No deadline: the Erbschein is still possible years after the death.
• Six weeks from knowledge apply to disclaiming the inheritance, six months in cross-border cases; the application presupposes acceptance.
• Cross-border estates: in other Member States the European Certificate of Succession may be needed; for Turkish nationals the agreement of 1929 applies.

Note: this article gives general information and does not replace legal advice. The information is as of 20 September 2026. For your own case, please turn to the probate court, a notary or a lawyer specialising in inheritance law.

Sources

• Justizportal des Bundes – Erbschein — no deadline, application routes, fee examples, types of certificate.
• Federal Ministry of Justice – "Erben und Vererben" (July 2025, PDF) — succession, account mandate, VAT.
• § 2353 BGB — issued only on application.
• § 35 GBO — proof at the land registry, the 3,000-euro rule.
• § 343 FamFG — local jurisdiction.
• § 352 FamFG — mandatory particulars and the affirmation.
• § 40 GNotKG — transaction value.
• Anlage 2 GNotKG – Table B — value-based fees, BGBl. 2025 I Nr. 109.
• Anlage 1 GNotKG – schedule of costs — KV 12210, 23300, 12101, 12218, 21201, 14110.
• § 1944 BGB — period for disclaiming, cases abroad.
• § 30 ErbStG — notification to the tax office.
• Amtsgericht Lörrach — no statement on the duration.
• Justizministerium Hessen – Erbschein information portal — application recorded at any local court; extent of the documents.
• Amtsgericht München – guidance on estate proceedings (PDF) — real property as an unavoidable case, no representation, later filing.
• Justiz Nordrhein-Westfalen – Erbschein — Rechtspfleger or judge; estate assets abroad.
• Justiz Nordrhein-Westfalen – acceptance and disclaimer — conduct implying acceptance, protective measures.
• Bayerische Justiz – leaflet on disclaiming an inheritance (PDF) — the period cannot be extended.
• BGH, 8 October 2013 – XI ZR 401/12 — no unlimited right to demand a certificate.
• BGH, 5 April 2016 – XI ZR 440/15 — an opened handwritten will as proof.
• BGH, 24 March 2009 – XI ZR 191/08 — limits of the account mandate surviving death.
• Regulation (EU) No 650/2012 — Art. 4, 21, 62 to 73, 75, 83; Form IV under Art. 65 Abs. 2 and Implementing Regulation (EU) No 1329/2014.
• § 34 IntErbRVG — jurisdiction for the ENZ.
• OLG Hamm, 21 March 2019 – 10 W 31/17 — Estate Agreement, split estate.
• Federal Foreign Office – inheritance matters (Turkey) — agreement of 1929, certification under § 17.
• Fundstellennachweis B of the Federal Ministry of Justice (Russian Federation and former Soviet Union; as at 31 December 2025, PDF) — continued application of the consular treaties.
• Consular Treaty Germany–USSR, Art. 28 — immovable property under the law of its location.

Further reading

• What to do when someone dies
• Applying for a death certificate 2026
• Deducting funeral costs from tax 2026
• Social welfare funeral — when the costs are not affordable
• Advance directive and healthcare proxy
• Widow's pension and survivor's pension 2026