Certificate of inheritance proceedings and determination of heirs
Unknown heirs, unclear wills, interpretation of wills, securing the inheritance against unauthorised access are just some of the problems that are important in the context of certificate of inheritance proceedings, probate proceedings and proceedings to determine heirs. We have been successfully guiding heirs and claimants through the imponderables of such proceedings for many years. Our specialist lawyers for inheritance law in Kiel and Hamburg are also your experienced representatives in appeal proceedings and other inheritance proceedings. This also applies to cases in the area of international inheritance law.
Certificate of inheritance
The certificate of inheritance is an official certificate of succession issued by the probate court. It is issued at the request of an heir and legitimises the heir vis-à-vis land registries, insurance companies and banks, for example.
The aforementioned often make the presentation of a certificate of inheritance a prerequisite for acting on the instructions of the heir. Nevertheless, an heir is not obliged to always demonstrate his or her entitlement in this way. If, for example, a public will has been opened that is undisputedly valid, this constitutes sufficient legitimisation. Banks are also not always permitted to request a certificate of inheritance.
Heirs without a will with the certificate of inheritance
Anyone who holds a certificate of inheritance in their hands appears to be an heir. However, if, for example, a will is successfully contested, the initially assumed status of heir may be cancelled. In this case, the confiscation of false certificates of inheritance and the establishment of a guardianship of the estate must be considered in order to secure the estate. Sometimes police security measures are necessary.
In many cases, prompt expert advice from our inheritance law specialists can help to secure the estate and establish the right to dispose of the inheritance.
Certificate of inheritance proceedings
The certificate of inheritance procedure is initiated by means of an application. In addition to the sole and co-heirs, executors of the will, for example, are also entitled to file an application.
If an heir is unknown, the probate court can appoint a so-called guardian of the estate. This person then endeavours to identify the heir. In addition, the estate administrator secures and administers the estate if necessary.
Commercial heir tracing
More frequently, clients are faced with a commercial heir tracer. We will tell you what to do in such cases.
You will receive expert advice in an individual consultation from the specialist lawyers for inheritance law at the law firm Schneider Stein & Partner.