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How to apply for a Certificate of Inheritance in Germany - Information for Heirs from Canada and the USA
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How to Apply for a Certificate of Inheritance (Erbschein) in Germany: A Guide for Heirs from Canada and the USA
Inheriting property or assets from a deceased relative in Germany can be a complex process, especially for heirs residing in Canada or the USA. One essential document often required to settle an estate in Germany is the Erbschein, or Certificate of Inheritance. This blog post will guide you through the application process and highlight key considerations for international heirs.
What is an Erbschein?
An Erbschein is an official certificate issued by German probate courts (Nachlassgericht). It serves as proof of inheritance rights and identifies the legal heirs of the deceased. Banks, property registries, and other institutions in Germany often require this document to release funds or transfer ownership of property.
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When Do You Need an Erbschein?
An Erbschein is typically required if:
The deceased left no will, or the will does not name specific executors.
The will is handwritten, which is common in Germany, and needs validation.
The estate includes real estate in Germany, as property transfers often require an Erbschein.
If the estate is small or solely consists of bank accounts, institutions may accept alternative documentation, such as a notarized will with a certificate of probate.
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Challenges for Heirs in Canada and the USA
International heirs often face unique challenges when dealing with German inheritance law:
Language barriers: All legal proceedings are conducted in German.
Jurisdictional differences: German inheritance law differs significantly from Canadian and U.S. probate laws.
Documentation requirements: Foreign heirs must provide notarized and apostilled documents, such as birth certificates and passports.
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Digital Consultation
We offer modern, individualized consultations, including video chats, for clients worldwide. You can reach us anytime via email and receive digital drafts and correspondence. For those who prefer, we are also available for in-person consultations at our Berlin office. Our law firm specializes in providing comprehensive advice on business and inheritance law.
Steps to Apply for an Erbschein
Determine JurisdictionThe application for an Erbschein must be submitted to the Nachlassgericht at the last place of residence of the deceased in Germany. If the deceased had no residence in Germany, the competent probate court (Nachlassgericht) is the Amtsgericht Schöneberg in Berlin, which is right around or office in Berlin.
Gather Required Documents International heirs will need:
Death certificate of the deceased (translated and apostilled).
Proof of relationship to the deceased (e.g., birth or marriage certificates).
The will, if available, or an affidavit of heirship.
Valid identification documents (passport).
Submit the ApplicationThe application can be filed directly with the court or through a German notary (Notar). International heirs can also authorize a legal representative, such as an attorney specializing in inheritance law, to act on their behalf.
Pay Court FeesFees for an Erbschein depend on the value of the estate. For example, an estate valued at €50,000 would incur court fees of approximately €330.
Attend the Probate Hearing (if required)In some cases, the court may request a hearing to verify the details of the inheritance claim. International heirs can often attend via video conferencing or be represented by their legal counsel.
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Costs of Consultation
Our fees are industry-standard and transparently based on the effort required. Often, an initial consultation is available at a fixed rate. During this session, you will receive a preliminary assessment and concrete recommendations for action.
Key Considerations
German Inheritance Tax: Non-resident heirs may be subject to German inheritance tax, which varies based on the relationship to the deceased and the value of the estate.
Foreign Wills: If the deceased left a will in Canada or the USA, it may need to be validated under German law.
Legal Representation: Hiring a German attorney with expertise in international inheritance law can simplify the process and prevent costly errors.
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Case Study: Successful Application by a U.S.-Based Heir
A recent example on anwalt.de highlighted the case of an American citizen inheriting property in Germany. The heir faced initial challenges with document authentication and language barriers but successfully obtained an Erbschein with the help of a German attorney. By ensuring all documents were properly apostilled and translated, the process was completed within six months.
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Conclusion
Applying for an Erbschein in Germany as an heir from Canada or the USA can be a complex but manageable process with the right preparation and legal support. Understanding the requirements and potential challenges is key to ensuring a smooth experience. If you require assistance, our firm is experienced in international inheritance cases and can guide you every step of the way. Contact us today to learn how we can help you secure your inheritance rights.
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