As of: February 13, 2024, 4:00 p.m
By: Carina Blumenroth
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When a loved one dies, there is a lot that needs to be taken care of.
For example, about inheritance.
The inheritance certificate regulates the details.
Nobody can avoid it in their life - when partners, family members or friends die, the pain is usually deep.
In addition to the emotional challenges, financial problems can also arise.
The funeral costs are due; under certain conditions you can declare the costs as an extraordinary burden on your taxes.
This is just one point of concern that may be able to be somewhat alleviated.
If a death occurs, some bureaucratic things also have to be taken care of.
In some cases, for example, a certificate of inheritance is required.
What exactly is a certificate of inheritance?
A notarized will can make a certificate of inheritance unnecessary.
© Aafrica_images/Imago
The certificate of inheritance is court-issued proof of who is the heir and how large the inheritance is.
The local court at the last place of residence of the deceased person is responsible as the probate court.
With the inheritance certificate you can identify yourself as an heir to outsiders.
This is necessary, for example, if you want to appear to banks, authorities, tenants, landlords or business partners,
Finanztip.de
informs .
Banks in particular usually require a certificate of inheritance.
If there is power of attorney for an account after death, a certificate of inheritance is not necessary.
If you would like to find out in advance how your affairs will be handled according to your wishes, a power of attorney can be a good option.
Inheritance certificate: application, duration and costs
As an heir, you can apply for the certificate of inheritance personally and under affidavit.
In some cases, an appointment must be made.
A notary can also help you get a certificate of inheritance. This is usually a bit more expensive, but according to
Finanztip
it can be useful if real estate is involved.
The application must name the heirs; these are based on legal succession, a will or an inheritance contract.
If there is no will, documents must be presented that confirm the legal success.
For example, a marriage certificate or a parent dies and the children inherit, birth certificates must be presented.
What you need to submit:
Copy of ID card
Death certificate of the deceased
Will or inheritance contract
Birth and death certificates of all heirs or predeceased heirs
Addresses of all heirs
The procedure takes approximately four weeks.
The costs of the inheritance certificate depend on the value of the estate.
Debt is deducted from the value.
The costs must be borne by the applicant.
The fees are broken down into one for applying for the certificate of inheritance and for submitting the affidavit, informs
Rose & Partner
, a law firm with lawyers and tax advisors.
If real estate or land is part of the inheritance, the costs can quickly rise.
You should therefore seek advice as to whether a certificate of inheritance is really the most sensible option.
If you have other options, such as a power of attorney or similar, this may be sufficient.
However, you should let the individual case be clarified.
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When is there no need for a certificate of inheritance?
If there is a notarized will, a certificate of inheritance is often not required, for example for processing the land register.
The land registry recognizes the status of heirs through the will.
If the property is to be sold directly, the land register does not necessarily have to be corrected; the new owners can be entered directly in the land register.
The
client information
portal reports that the certificate of inheritance is often not necessary for account or health care powers of attorney.