What is the difference between a certificate of inheritance (Erbschein) and a will?
August 19, 2023 | 40,00 EUR | answered by Christiane Melzer
Dear team,
My name is Katja Falk and I am facing a major challenge regarding inheritance law. My father passed away a few months ago and left a will dividing his assets. I have been advised to apply for a certificate of inheritance in order to assert my inheritance rights. However, I am unsure of the exact difference between a certificate of inheritance and a will, and what significance these two documents have in my specific case.
I am currently named as the sole heir in my father's will, but there are some relatives who may potentially make claims. Therefore, I want to ensure that I am legally protected and can correctly enforce my inheritance rights. I am concerned that there may be disputes or legal conflicts if I am not properly informed.
My question to you is: What specific benefits does a certificate of inheritance have compared to a will, and what steps do I need to take to apply for one? Are there any risks or pitfalls that I should be aware of? I want to ensure that I fulfill my legal duties and rights as an heir, and I request your assistance in clarifying this matter.
Thank you in advance for your help.
Sincerely,
Katja Falk
Dear Mrs. Falk,
Thank you for your inquiry regarding inheritance law and the differences between a will and a certificate of inheritance. It is understandable that you are unsure and want to legally protect yourself, especially since there could be potential claims from other relatives. I will therefore explain in detail the specific benefits of a certificate of inheritance compared to a will and the steps you need to take to apply for one.
First and foremost, it is important to understand that a will is a private document in which the deceased person (testator) determines their inheritance claims. It serves as a legally valid declaration regarding the distribution of their assets after their death. As the sole heir in your father's will, you have a clear claim to the inheritance as specified in the will.
A certificate of inheritance, on the other hand, is an official document issued by the probate court that officially names the heirs. The certificate of inheritance serves as proof of inheritance and is often necessary to transfer bank accounts, properties, or other assets. In your case, it is advisable to apply for a certificate of inheritance to legally protect and enforce your inheritance claims.
To apply for a certificate of inheritance, you must contact the competent probate court. There, you will usually need to submit the following documents: the original or a certified copy of the will, the death certificate of the deceased, your ID card, and any other documents to clarify the inheritance. After reviewing these documents, the probate court will issue the certificate of inheritance that officially confirms your inheritance rights.
There are some risks and pitfalls that you should be aware of, especially if there are potential claims from other relatives. Disputes or legal conflicts may arise if the inheritance is not clearly defined or if there are doubts about the validity of the will. Therefore, it is advisable to seek advice from an experienced lawyer to ensure that your inheritance claims can be correctly enforced.
I hope that this information has been helpful to you, and I am happy to answer any further questions you may have. Please do not hesitate to contact me if needed.
Sincerely,
Christiane Melzer
