Inheritance Proof: Obtaining a Certificate of Inheritance in Berlin Charlottenburg-Wilmersdorf

Dr. Markus Wessel

Proof of Inheritance in Inheritance Law

A proof of inheritance serves to demonstrate the legal succession of an heir according to §§ 1922 ff. BGB (German Civil Code) and thus to accept the inheritance. Proof of inheritance can be provided in two ways:

  1. Certificate of Inheritance:
  2. The certificate of inheritance identifies you as the heir and indicates who is involved in the inheritance and to what extent. This is particularly relevant when real estate is part of the estate, as the land registry office prefers a certificate of inheritance. It clearly secures the legal succession and prevents room for interpretation.

  3. Testament with Testamentary Protocol:
  4. Alternatively, you can present a will of the deceased together with the probate court's testamentary protocol and a death certificate from the registration office. It should be noted that the recipient of the document can read the entire will, including legacies and special arrangements.

What Do I Need a Proof of Inheritance / Certificate of Inheritance For?

You always need proof of inheritance where you appear as an heir and wish to assert your inheritance rights. If the deceased did not leave a will or made an invalid will, a certificate of inheritance is required. It is advisable to have the will examined by a professional to prevent potential disputes.

Attorney for Inheritance Law in Berlin for Special Cases

In simple cases, you may not need assistance from a lawyer. However, this is different in special cases. Here are some examples:

  1. A special case may arise if there is already a dispute among potential heirs regarding the succession or the value of the estate, or if such a dispute is to be expected. In this case, it is advisable for you to seek legal assistance. This is especially true if the opposing party is already represented by a lawyer (principle of equality of arms).
  2. A special case also exists, and similar caution is warranted, when a handwritten will contains unclear wordings, as in this case, interpretation is necessary.
  3. Even with a joint will, especially with the so-called Berliner Testament, difficulties often arise when the testator has made a new will after the death of the spouse or partner.
  4. Finally, in testamentary succession, objections are often raised that the testator was no longer capable of making a will. This is then examined in proceedings before the probate court.
  5. Finally, a pseudo-heir could have acquired the inheritance due to an outdated will or a claimed statutory succession. In this case, you would need to annul this incorrect certificate of inheritance and apply for the correct certificate of inheritance. An incorrect certificate of inheritance can be revoked by the probate court if it turns out that its content does not correspond to the true legal situation.
  6. If an incorrect certificate of inheritance has been issued, urgency is required for the true heir, as even a pseudo-heir identified by an incorrect certificate of inheritance can use it until the probate court has revoked the incorrect certificate of inheritance. The probate court must be informed of the true legal situation. The heir can demand the estate from the pseudo-heir.

If you have any questions or need advice in inheritance law, we are happy to assist you.

Attorney for Inheritance Law in Berlin Charlottenburg-Wilmersdorf - Schedule an appointment with Attorney Dr. Markus Wessel
(030) 985 12 411