Certificate of Inheritance (Erbschein): Your Official Key to a German Estate

If you inherit assets in Germany, you need an official document proving your status as an heir. Without it, you cannot sell real estate, access bank accounts, or manage the estate—even if a will exists. The Certificate of Inheritance (Erbschein) is your central proof of entitlement, recognized by authorities, banks, and land registries. For heirs residing in the USA, it’s especially crucial to handle all formalities correctly and early to avoid delays and legal risks.

The Erbschein is required for most estate transactions in Germany, including:

• Real estate: registration in the land register, sale of property, or removal of encumbrances.
• Bank accounts and investments: withdrawing funds, closing accounts, or transferring securities.
• Third-party claims: accessing life insurance, business shares, or receivables.

In some cases, a notarized will with a probate court certificate may suffice. However, in practice, many banks and registries insist on an Erbschein for legal certainty.

German law recognizes different forms of the Erbschein:

• Single Heir Certificate (Alleinerbschein): proves that one person is the sole heir.
• Joint Heirs Certificate (Gemeinschaftlicher Erbschein): issued when there are several heirs forming an heir community (Erbengemeinschaft).
• Partial Certificate (Teilerbschein): documents only one heir’s share, useful if not all heirs are known or apply together.
• Limited Certificate: restricted to certain assets, often used for estates with property abroad.

Choosing the right form depends on the estate structure and the heirs’ goals.

The application is submitted to the probate court (Nachlassgericht) at the last German residence of the deceased. For U.S.-based heirs, the German consulate can record the application and forward it to the court, though this often takes longer than applying directly with legal representation in Germany.

Required documents usually include:

• Death certificate of the deceased
• Birth and marriage certificates of heirs
• Will or inheritance contract (if available)
• Complete proof of kinship

All foreign documents must be translated by a sworn translator and often require an apostille under the Hague Convention.

Once the application is filed, the court verifies all information and may request an affidavit (eidesstattliche Versicherung) confirming its accuracy. The process usually takes six to twelve weeks, but complex cases with multiple heirs or contested wills can last longer.

• Certified translations: Required for all U.S. documents.
• Apostilles: Essential for U.S. certificates to be accepted in Germany.
• Representation: A German lawyer can apply on your behalf, avoiding the need for travel.
• Digital backups: Always scan and secure copies of documents.
• Timing: Apply early—delays can block sales, freeze bank accounts, and cause financial losses.

Without an Erbschein, heirs face serious obstacles:

• Banks refuse to release funds.
• Real estate sales cannot be completed because the buyer cannot be registered as owner.
• Other heirs may act without you, leaving you sidelined.
• Insurance and investment claims remain locked.

Skipping the Erbschein is rarely an option. Even if alternatives exist, most institutions demand it before releasing assets.

Inheritance Law Pages

The cost of an Erbschein is based on the gross value of the estate—not just your share. This includes probate court fees and notary costs for the affidavit. For valuable estates, fees can be substantial. Additional costs arise for translations, apostilles, and international couriers. A lawyer can provide a precise fee estimate before filing, so there are no surprises.

Erbschein applications can be delayed or blocked if:

• There are disputes among heirs.
• Incomplete or incorrect information is submitted.
• Heirs live abroad and fail to coordinate.
• Fraudulent claims are made—if discovered, the Erbschein can be revoked.

Professional guidance minimizes these risks and keeps the process efficient.

1. Collect documents early—delays often occur with U.S. certificates and apostilles.
2. Always use certified translators for German courts.
3. Apply through a lawyer to save time.
4. Budget for court and notary fees based on estate value.
5. Use the Erbschein strategically to negotiate within heir communities.

The Certificate of Inheritance is the central key to unlocking estates in Germany. Without it, heirs cannot sell property, access funds, or enforce their rights. For U.S.-based heirs, professional support is essential to navigate the application process, prepare documents, and secure recognition without unnecessary delays.

German Attorney Nicola Casper-Hoesl advises international heirs on obtaining the Erbschein quickly and efficiently—cross-border, bilingual, and with the precision needed to protect your inheritance.