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Certificate of inheritance; confiscation
If it transpires that a certificate of inheritance issued is incorrect, the probate court must revoke it.
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Procedure details
Description
The issue of the certificate of inheritance officially declares who is the deceased's heir. If, after issuing the certificate of inheritance, the probate court comes to the conclusion that the conditions for issuing the certificate of inheritance were not originally met or have subsequently ceased to exist, it must order the certificate of inheritance to be withdrawn. If the certificate of inheritance cannot be obtained immediately in the proceedings for its revocation, the probate court must declare it invalid by order.
If doubts arise as to the correctness of a certificate of inheritance, the probate court that issued the certificate of inheritance shall conduct the necessary investigations ex officio.
No formal application is required to initiate confiscation proceedings. Rather, anyone can apply to the probate court at any time to have the certificate of inheritance confiscated.
Legal bases
Appeal
Appeal
An appeal may be lodged against the revocation of the certificate of inheritance or its refusal. The appeal must be lodged with the probate court within a period of one month. The time limit begins with the written notification of the decision.
Related issues
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Certificate of inheritance; applicationUpon application, the probate court issues the heir with a certificate of inheritance (certificate of inheritance).
Status: 29.12.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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