In order to manage an estate in Germany (e.g., property matters), a Certificate of Inheritance (Erbschein) or a Certificate of Executorship (Testamentsvollstreckerzeugnis) issued by a German probate court is often required. For inheritance cases, in which the person died on or afterAugust 17^th 2015, it is also possible to apply for a European Certificate of Succession (Europäisches Nachlasszeugnis) if the estate's assets are located in at least two EU member states (excluding the UK, Ireland, and Denmark).

An application for a Certificate of Inheritance includes both the application itself, which contains all relevant information and documents related to the inheritance case, and an affidavit stating that the information in the application is truthful and complete.

Both parts are usually combined in one document when established in Germany, but can also be made separately. While the form and format of the application is not regulated by law, the affidavit can only be made and notarized with a German official specifically authorized to certify and notarize (Urkundsperson).

Currently, in Canada, only one consular officer is authorized to take affidavits. In addition, submitting the affidavit is only possible at the German Consulate General in Toronto. Therefore, we are unfortunately unable to offer timely notarization of applications for a Certificate of Inheritance at this time. The process of examining the inheritance case and conflict of laws is time-consuming, and due to the large number of other consular responsibilities, a faster processing time is not possible.

However, there are two different ways to obtain a Certificate of Inheritance faster:

1. Heirs residing in Germany

If there are heirs residing in or travelling to Germany, they can submit the application for a Certificate of Inheritance in Germany on behalf of all parties involved.

2. Heirs without residence in Germany and no possibility to travel

If none of the heirs reside in Germany and traveling there is not possible, the following option is available: a German notary or lawyer can set up the application for a Certificate of Inheritance (without the affidavit) and submit it to the appropriate probate court. Afterwards, the authorized consular officer at the German Consulate General in Toronto can notarize the affidavit.

In this case, the in-depth examination of the inheritance case will no longer be carried out by the Consulate General, and we will only need to inform you of the legal consequences of failing to be truthful in the affidavit. Without the in-depth examination at the Consulate General, we can usually offer an appointment within a few weeks.

This approach, as an alternative to a time-consuming trip to Germany, has been frequently used in the past and is generally in the interest of the heirs.

General information if you wish to have the notarization of an application for a Certificate of Inheritance at the German Consulate General in Toronto:

1. Application at the Consulate General:

Persons whose primary place of residence is in Canada can submit the application for a Certificate of Inheritance at the German Consulate General in Toronto. The issuance of the Certificate of Inheritance will be carried out in a separate procedure by the appropriate German probate court.

2. Questionnaire for the application:

For the application, we provide a downloadable questionnaire, which serves as the basis for drafting the Certificate of Inheritance application. Please fill out the printed questionnaire completely and send it with the required documents by mail to the German Consulate General in Toronto. The exact document requirements depend on the type of inheritance (legal or testamentary) and the family situation (e.g., marriage certificate, divorce certificate, birth certificates, etc.).

3. Appointment for the required affidavit:

As part of the application for a Certificate of Inheritance, an affidavit must be made, which can only be signed with an especially authorized consular officer and must be notarized.

Once your application is complete and has been reviewed, we will contact you regarding scheduling an appointment for the affidavit. Please note that due to a consistently high volume of cases, processing your application may take up to 12 months, even after all documents have been submitted.

4. Exceptions for bank accounts:

In Germany, the bank may grant heirs access to bank accounts without a Certificate of Inheritance if a last will or testament has been set up by the deceased. However, this decision depends on the terms and conditions (AGBs) of the respective bank. Therefore, it is advisable for the heirs to first contact the respective bank to clarify the testamentary requirements.