The Declaration of Heirship (Erbschein) is a fundamental document in German inheritance proceedings, required whenever heirs need to prove their legal status to banks, government authorities, land registries, or other institutions. This official certificate is issued by the competent German probate court (Nachlassgericht) upon application and after thorough verification of the inheritance situation. It becomes necessary when dealing with the deceased's assets, particularly for high-value transactions, real estate transfers, or accessing bank accounts. The document provides legal certainty by creating a presumption of accuracy regarding the stated inheritance rights, protecting both heirs and third parties who rely on its contents. Under German law, while not always mandatory, the Declaration of Heirship is often practically essential for heirs to effectively administer and distribute the estate.
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1. Court Information: Details of the issuing probate court (Nachlassgericht), including court name, location, and reference number
2. Deceased Information: Full details of the deceased person including full name, date and place of birth, last residence, date and place of death
3. Marital Status: Details of the deceased's marital status at time of death, including any previous marriages
4. Testamentary Disposition: Statement whether the deceased left a will or inheritance contract, or if statutory succession applies
5. Heir Declaration: Clear statement of who the legal heirs are and their respective shares in the inheritance
6. Legal Basis: Reference to relevant laws or testamentary documents establishing the inheritance rights
7. Certification: Official certification by the court, including date, seal, and signature
1. Foreign Law Application: Required when foreign law applies to the inheritance due to international elements
2. Prior Inheritances: Needed when the inheritance rights are affected by previous inheritances
3. Executor Information: Required when an executor has been appointed in the will
4. Restrictions on Disposal: Needed when there are limitations on the heirs' rights to dispose of the inheritance
5. Preliminary Certificate: Used when a temporary certificate is needed before final determination of all inheritance details
1. Death Certificate: Official death certificate of the deceased
2. Birth Certificates: Birth certificates of the deceased and relevant heirs to establish family relationships
3. Marriage Certificates: Marriage certificates relevant to establishing family relationships
4. Will or Inheritance Contract: If applicable, copies of testamentary documents
5. Family Book Extracts: Extracts from family registers (Familienbuch) proving family relationships
6. Renunciation Declarations: If applicable, documents showing renunciation of inheritance by potential heirs
7. Translations: Certified translations of any documents not in German
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