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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 is official proof of who the deceased's heir is. If, after the certificate of inheritance has been issued, 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 revoked. If doubts arise as to the correctness of a certificate of inheritance, the probate court that issued the certificate of inheritance must carry out 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
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§ 2361 Bürgerliches Gesetzbuch (BGB)Einziehung oder Kraftloserklärung des unrichtigen Erbscheins
Appeal
Complaint
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: 05.03.2025
Editorial responsibility Bayerisches Staatsministerium der Justiz
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