Certificate of Inheritance Germany (Erbschein): Cost, Timeline, and Process

An Erbschein is the German probate court's official certificate that identifies who inherits what. It is often key proof for releasing frozen bank accounts and updating property records, but it is not always required: a recognised post-mortem power of attorney or a court-opened notarised will or inheritance contract may provide alternative proof. For English-speaking families dealing with a death in Germany, the Erbschein is usually the single most important — and most frustrating — document in the entire process.

What an Erbschein Does

The Erbschein is issued by the local probate court (Nachlassgericht) at the district court (Amtsgericht) where the deceased last lived. It serves as official proof of:

• Who the legal heirs are
• What share each heir receives
• Whether any restrictions apply (executor appointments, testamentary conditions)

It's the key that unlocks frozen bank accounts, allows property sales, and enables the formal distribution of the estate. If no recognised power of attorney or court-opened notarised will provides alternative proof, heirs may be unable to complete those steps without it.

How to Apply

The application can be submitted directly to the probate court or through a German notary. Both routes cost the same under the statutory fee schedule, though using a notary is often faster because court appointment slots can be backed up for weeks.

The application requires:

1. The death certificate (Sterbeurkunde)
2. The will (if one exists) — either the original or the court's opening protocol
3. Proof of family relationships — birth certificates, marriage certificates of the deceased and heirs
4. A declaration in lieu of an oath (Eidesstattliche Versicherung) — a notarised sworn statement about the family tree, the existence of any wills, and confirmation that no other heirs are known

Foreign civil-status documents must be translated by a court-certified sworn translator (vereidigter Übersetzer) in Germany. If the deceased was born or married abroad, locating and translating these certificates can add weeks.

Cost: GNotKG Fee Schedule

Erbschein fees are regulated nationwide by the Court and Notary Fees Act (GNotKG). The cost scales with the estate value after documented debts are deducted, without deducting personal tax-free allowances, and consists of two fees — one for the certificate itself and one for the sworn declaration — each calculated as a 1.0 fee under Table B:

If you use a notary to prepare and submit the application, the notary receives the declaration fee (plus 19% VAT and disbursements) and the court charges the certificate fee. The total remains structurally the same.

How Long Does Probate Take in Germany?

For straightforward cases — one or two heirs, no disputes, all documents available — expect roughly 2–6 months from application to issuance. International heirs, missing foreign documents, or contested wills can take longer. The probate court may request further evidence before issuing the Erbschein.

Heirs living outside Germany face additional delays because their sworn declarations may be executed at a German consulate abroad (signature certification fee: approximately €60) or, where accepted, before a local notary with the required legalisation or apostille.

When You Don't Need an Erbschein

Two situations allow heirs to bypass the Erbschein entirely:

A notarised will or inheritance contract: If the deceased left a notarielles Testament or Erbvertrag that's been officially opened by the probate court, banks and the land registry can often use it alongside the court's opening protocol as proof of heirship. This saves both the court fee and months of waiting.

A post-mortem power of attorney: If the deceased granted a bank-specific power of attorney that extends beyond death (transmortale or postmortale Vollmacht), the authorised person can access accounts without any probate court involvement.

A handwritten will generally does not provide banks the standalone proof described here; an Erbschein may still be required.

European Certificate of Succession

For estates with assets in multiple participating EU countries, heirs can apply for a European Certificate of Succession (Europäisches Nachlasszeugnis) under the EU Succession Regulation. This certificate is recognised across participating EU member states and can be more efficient than obtaining separate Erbschein-equivalent documents in each country where the deceased held assets.

The application goes through the same German probate court and follows a similar process, but the certificate explicitly covers cross-border recognition.

Moving Forward

The Erbschein process rewards preparation. Having translated birth and marriage certificates ready, understanding the fee structure, and knowing whether a notarised will might bypass the requirement entirely — these save weeks of delay and hundreds of euros.

The Someone Died in Germany: English Speaker's Emergency Guide includes an Erbschein fee reference card, a document checklist for the application, and step-by-step instructions for heirs applying from abroad.

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