If you are dealing with an inheritance in Germany, you may be asked to provide a German Certificate of Inheritance ("Erbschein") before banks, land registries, authorities, or other institutions will recognise your rights as an heir. For international heirs, this requirement often comes as a surprise. Many people first learn about the Erbschein after receiving correspondence from a German bank, probate court, or public authority. 

Purpose of a German Certificate of Inheritance

An Erbschein is an official document issued by a German probate court confirming who has inherited the estate and in what shares.

It serves as proof of inheritance and enables heirs to establish their legal status when dealing with third parties. Depending on the circumstances, the certificate may identify a sole heir, multiple heirs, or the respective inheritance shares of several beneficiaries.

Situations in Which an Erbschein May Be Required

Whether an Erbschein is required depends on the circumstances of the estate and the institutions involved. German banks, land registries, and public authorities frequently require proof of inheritance before releasing assets, registering ownership changes, or recognising an heir's authority to act on behalf of the estate.

Typical situations include:

• Accessing German bank accounts
• Transferring inherited real estate
• Registering ownership in the German land registry
• Dealing with public authorities
• Administering assets located in Germany

In some cases, an Erbschein may not be necessary if sufficient alternative documentation is available, such as a notarised will together with the official court record of its opening.

Applications by International Heirs

Foreign nationals and heirs residing abroad may apply for a German Certificate of Inheritance.

Many applications can be prepared and coordinated without extensive travel to Germany. Depending on the circumstances, documentation can often be obtained locally and submitted through the appropriate channels. The requirements, however, vary from case to case and depend on the structure of the estate, the location of the heirs, and the documents available.

International estates frequently involve additional considerations, particularly where foreign documents, multiple jurisdictions, or heirs residing in different countries are involved.

Documentation and Formal Requirements

The exact documentation required depends on the individual circumstances of the estate.

Depending on the case, the probate court may require:

• Death certificates
• Wills or inheritance contracts
• Birth certificates
• Marriage certificates
• Civil status documents
• Information regarding heirs residing abroad

Foreign documents may require certified translations, apostilles, legalisation, or other formalities before they can be accepted by German authorities.

Careful preparation of the application can help avoid delays and additional requests from the probate court.

Processing Times

The time required to obtain an Erbschein varies considerably from court to court. In straight forward cases the Erbschein is usually issued within 3 months. 

Factors determining the lengh of time include:

• The complexity of the estate
• The number of heirs
• The availability of documentation
• The involvement of foreign documents
• The workload of the competent probate court

Cross-border estates often require additional verification steps, which may increase the overall processing time.

Costs of a German Certificate of Inheritance

The costs of obtaining an Erbschein depend primarily on the value of the estate. Court fees are regulated by German law and increase with the value of the assets involved.

Typical examples include:

• Estate value of approximately EUR 100,000: around EUR 500–600 in court fees
• Estate value of approximately EUR 500,000: around EUR 1,800–2,000 in court fees

Additional costs may arise where notarisation, translations, apostilles, foreign documents, or international legal coordination are required.

European Certificate of Succession

In cross-border estates involving assets located in different European Union member states, a European Certificate of Succession may be relevant. This document can facilitate proof of inheritance rights across participating EU jurisdictions and may, in certain situations, reduce the need for separate national certificates.

Whether a German Erbschein, a European Certificate of Succession, or another form of documentation is appropriate depends on the circumstances of the estate.

Common Challenges in International Estates

International inheritance matters frequently involve legal and practical challenges that do not arise in purely domestic cases.

Examples include:

• Heirs residing in different countries
• Foreign-language documents
• Questions regarding the applicable inheritance law
• Foreign wills
• Assets located in multiple jurisdictions
• Communication with German banks, courts, and authorities

Obtaining an Erbschein is often only one aspect of a broader cross-border estate administration process.

Legal Framework

The issuance of a German Certificate of Inheritance (Erbschein) is governed primarily by the following provisions:

• §§ 2353–2370 German Civil Code (BGB)
• §§ 352 ff. Family Proceedings Act (FamFG)
• German Court and Notary Fees Act (GNotKG)

In cross-border estates, additional provisions of Regulation (EU) No. 650/2012 (EU Succession Regulation) may become relevant.

Related Information

You may also be interested in:

• Inheriting Property in Germany
• Managing a German Estate from Abroad
• German Bank Accounts and Financial Assets
• Disputes Between Heirs in Germany