GermanyWhat is a certificate of inheritance (Erbschein)?
An Erbschein is an official document issued by a German probate court that proves who the legal heir(s) are and the size of their share in the estate.
What the Law Says
Under German law, the Erbschein is a formal, court-issued certificate that confirms a person’s status as heir—and, if applicable, the exact portion of the estate they inherit.
The Erbschein is not automatically issued. It must be formally requested by the heir from the competent probate court (Nachlassgericht).
It serves as official proof of inheritance rights—especially important when dealing with banks, land registries, or foreign authorities that require verified documentation before releasing assets or transferring property.
Unlike a will or inheritance contract, the Erbschein does not determine who inherits—it merely certifies the legal outcome based on either a valid will, an inheritance contract, or statutory succession rules.
Statutory TextDas Nachlassgericht hat dem Erben auf Antrag ein Zeugnis über sein Erbrecht und, wenn er nur zu einem Teil der Erbschaft berufen ist, über die Größe des Erbteils zu erteilen (Erbschein).
— BGB § 2353 — German Civil Code
What to Do
Identify the correct Nachlassgericht (usually the local court where the deceased last resided)
Submit a formal written application for an Erbschein, including death certificate, family register excerpts (e.g., birth/marriage certificates), and any will or inheritance contract
Provide evidence of heirship (e.g., statutory heirs’ identities or testamentary appointments)
Pay the required court fee (based on estate value; typically €100–€400+)
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.