How to obtain a certificate of inheritance

19.01.2018 - Article

1. The applicant has to provide all information necessary in advance, to enable the German Consulate Toronto to draft a formal application. Therefore, please use the prepared questionnaire. We recommend that you enclose copies of all documents proving the right to inherit (e. g. last will, letters testamentary, death certificates, birth certificates, marriage certificates etc.)

2. We will prepare the application document and contact the applicant as soon as the application is drafted to set up an appointment for the applicant to appear at the German Consulate Toronto and to sign the document in due form. This can take several months from the time that all the requested documents are in order/complete. As German is the official language in Germany, the text of the application will be put forward only in German. If the applicant does not understand German, the consular agent will explain the contents of the paper to the applicant and translate it orally. If he/she wants to have an English translation of the application, the applicant will be responsible for all costs incurred by a translation. We recommend that the applicant shows all the original documents of which copies were provided with the questionnaire during this appointment. We will notarize the copies, so the Nachlassgericht in Germany receives a complete application with the pertinent documents enclosed.

3. The applicant will receive the original and a first certified copy of the application. The original should be sent to the competent probate court (“Nachlassgericht”) or the applicant's representative in Germany who will then forward it to the probate court (“Nachlassgericht”). A certified copy is kept on file by the German Consulate Toronto.

4. After having received the application, the probate court (“Nachlassgericht”) will issue the Certificate of Inheritance and forward it to the person named as recipient in the application.

In the course of the application, two fees will apply:

The German Consulate Toronto will charge a fee for the preparation of the application including the affidavit. The fee is payable in cash (equivalent in C$ according to the daily exchange rate) or by internationally accepted credit card (card will be charged in Euro, additional charges by the credit card company may apply).

Fees are based on the value of the estate. The applicant is required to provide detailed information about the value of the estate in Germany. (Please contact the land register ('Grundbuchamt') in Germany or your lawyer for further details of the value of real property.)

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