{"id":2270,"date":"2023-02-20T11:46:30","date_gmt":"2023-02-20T10:46:30","guid":{"rendered":"https:\/\/sawade.notarwebsite.de\/wenn-erben-ihr-gutes-recht-beweisen-muessen-erbschein-ermoeglicht-bank-und-immobiliengeschaefte\/"},"modified":"2023-02-20T11:46:30","modified_gmt":"2023-02-20T10:46:30","slug":"wenn-erben-ihr-gutes-recht-beweisen-muessen-erbschein-ermoeglicht-bank-und-immobiliengeschaefte","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/wenn-erben-ihr-gutes-recht-beweisen-muessen-erbschein-ermoeglicht-bank-und-immobiliengeschaefte\/","title":{"rendered":"When heirs have to prove their \"good right\" - certificate of inheritance enables banking and real estate transactions"},"content":{"rendered":"

When a close relative or good friend dies, the focus is on mourning. But what happens to the estate? Without proof, heirs cannot dispose of the deceased's real estate or bank assets. If the deceased has not made provisions with a notarized will or inheritance contract, surviving dependants need a certificate of inheritance to assert their claims against third parties, in particular authorities, banks or insurance companies.<\/strong><\/p>\n

Certificate of inheritance as proof of legitimacy<\/h3>\n

The certificate of inheritance is an official certificate and provides information about the deceased, their heirs and their respective share of the inheritance. It proves that those listed in the certificate of inheritance are legally entitled to access the deceased's assets. This also applies to the digital estate, such as email and online bank accounts, as well as to the transfer of land in the land register.<\/p>\n

Why proof is required at all<\/h3>\n

In principle, surviving dependants become heirs and legal successors of a deceased person if they are their legal heirs, for example spouses or children, or are named as heirs in their last will and testament. However, third parties and any other heirs often have no way of knowing whether an effective will exists or whether intestate succession has occurred and who is the heir as a result. This is where the certificate of inheritance provides clarity.<\/p>\n

Apply to the notary for a certificate of inheritance at no extra cost<\/strong><\/h3>\n

A certificate of inheritance is only issued on application to the probate court.<\/p>\n

The application can be made either to the court or to a notary. The fees incurred are the same in both cases and are based on the value of the estate less any debts of the deceased. A notary will also answer any questions the heirs may have, check that the required civil status documents are complete, forward the application to the court and assist in answering any queries from the court.<\/p>\n

Co-heirs can also apply for a certificate of inheritance<\/h3>\n

Even if there is a community of heirs, it can be applied for by just one heir. Such a joint certificate of inheritance lists the respective shares of each co-heir. Under certain circumstances, a certificate of inheritance without quota is also possible, or a partial certificate of inheritance that only states the individual's share of the inheritance. If a deceased had assets in several EU member states, the inheritance claim can also be proven with a European Certificate of Succession.<\/p>\n

The best solution is a testamentary disposition with a notary<\/h3>\n

A certificate of inheritance enables numerous legal transactions to be carried out, but is not definitive proof of a legitimate inheritance claim and can therefore be withdrawn if a different order of succession later emerges. Ideally, testators should therefore make provisions at an early stage with a notarized will or contract of inheritance in order to clearly regulate heirs and legatees. With this document, including the opening protocol drawn up by the probate court after the death, heirs can comprehensively substantiate their claims. A handwritten will alone is not sufficient.<\/p>\n

You can find further news at https:\/\/ratgeber-notar.de\/<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

When a close relative or good friend passes away, grief takes center stage. But what happens to their estate? Without proof, heirs cannot dispose of the deceased's real estate or bank deposits. If the deceased did not make provisions in a notarized will or inheritance contract, the surviving dependents need a certificate of inheritance to assert their claims against third parties, especially authorities...<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2270","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2270","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2270"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2270\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2270"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2270"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2270"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}