Why do you need a certificate of inheritance?

You have inherited a property and now want to sell it. A notarized will is not available and therefore no proof of your inheritance. In such a case you need a certificate of inheritance. If there is no will, heirs often have to prove their inheritance rights in other ways. Among other things, via a certificate of inheritance.

The certificate of inheritance is issued by a probate court and contains exactly who the heir and how large the inheritance is. However, the probate court issues it only if this is requested. It is important for the applicant to know that he or she accepts the inheritance when filing the application. He can no longer reject it later.

Inheritance certificate mandatory to start inheritance

Have you now inherited a property, but there is no notarized will or corresponding inheritance contract, the inheritance certificate is mandatory to start the inheritance. If you are the sole heir, you will receive a sole certificate of inheritance. If there are several heirs, a joint certificate of inheritance is usually issued. However, it is also possible to apply for a partial certificate of inheritance, which only refers to the individual inheritance share.

For the sale of a property, an extract from the land register is mandatory. The land register regulations prescribe the presentation of a certificate of inheritance. Only thereby you become namely the legal "owner". Only in the case of a notarized will or inheritance contract can the certificate of inheritance be waived. Sometimes, however, the land registry still requires the document - for example, if formulations in the will or inheritance contract are unclear or ambiguous.

If a testator has not drawn up a will and also has not concluded an inheritance contract, the statutory succession applies. The relatives inherit according to their degree of relationship. Children and grandchildren come first, followed by parents and siblings. The third degree of kinship is taken by grandparents, uncles and aunts.

The legal succession

As long as an heir from the first degree of kinship can be found, a relative of the second degree is not eligible as heir and so on. According to the statutory law of inheritance of the spouse or civil partner, the surviving partner always inherits a quarter of the estate in addition to the children. If only relatives of the second order can be found apart from him, the surviving spouse inherits half. In most cases, a marriage is a community of accrued gains. Then the inheritance share of the partner increases by a quarter, so that he inherits the half, which does not fall to the children.

The certificate of inheritance can be applied for at the probate court. Usually, the district court at the last place of residence of the deceased is the right contact. The application can either be made directly to the probate court or recorded by a notary, who then forwards the application to the probate court. Fees are based on the value of the property.

Are you unsure what to do with your inherited property? Contact us! We will be happy to advise you.

VON POLL IMMOBILIEN Bayreuth officewww.von-poll.com/bayreuthTel.: 0921 - 730 45 53

Legal notice: This article does not represent tax or legal advice in individual cases. Please have the facts in your specific individual case clarified by a lawyer and / or tax advisor.

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