The Certificate of Heirship (Erbschein) is a fundamental document in German inheritance law, issued by the local probate court (Nachlassgericht) upon application by the heir(s). This official certificate is required when heirs need to prove their inheritance rights to third parties, such as banks, land registries, or other institutions. The document becomes necessary after a person's death when their assets need to be transferred or managed by the rightful heirs. It contains crucial information including the deceased's details, the legal basis of inheritance (whether through statutory succession or will), and the precise shares of all heirs. Under German law, the Certificate of Heirship carries a presumption of accuracy and provides legal protection to third parties who rely on its contents in good faith.
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1. Court Information: Details of the issuing probate court (Nachlassgericht) including court name, location, and reference number
2. Deceased Person's Information: Full details of the deceased including full name, date and place of birth, last residence, date and place of death, and marital status at time of death
3. Basis of Inheritance: Statement of whether inheritance is based on statutory succession (gesetzliche Erbfolge) or testamentary disposition (gewillkürte Erbfolge)
4. Heir Identification: Complete details of the heir(s), including full names, dates of birth, and addresses
5. Inheritance Share: Clear statement of the inheritance share (Erbquote) of each heir expressed as a fraction
6. Official Certification: Official statement certifying the accuracy of the information and the legal validity of the document
1. Multiple Heirs Declaration: Required when there are multiple heirs, specifying whether the community of heirs (Erbengemeinschaft) exists
2. Executor Statement: Include when an executor (Testamentsvollstrecker) has been appointed, stating their powers and duties
3. Foreign Law Application: Required when foreign law applies to any aspect of the inheritance, specifying which law and its effect
4. Prior Certificates: Statement regarding any previously issued certificates of inheritance for the same estate
5. Inheritance Restrictions: Required when there are any restrictions on the inheritance rights (e.g., subsequent heirs, conditions)
1. Death Certificate: Certified copy of the deceased person's death certificate
2. Family Status Documents: Birth certificates, marriage certificates, or other documents proving family relationships
3. Will or Inheritance Contract: If inheritance is based on testamentary disposition, certified copies of relevant documents
4. Renunciation Declarations: If applicable, documents showing renunciation of inheritance by potential heirs
5. Translation Certificates: Certified translations of any documents not in German, when applicable
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