Joint certificate of inheritance issued by the previous or subsequent heir limited in terms of subject matter
Source: BUS Rheinland-PfalzWhen a testator dies, they usually leave behind not just one heir, but several. These become part of the so-called community of heirs upon inheritance. The estate is only divided among the individual heirs in accordance with the agreements made once the estate has been settled.
In principle, each individual co-heir can apply for a certificate of inheritance with which they can identify themselves to third parties as the rightful heir. However, if the community of heirs wishes to act jointly and deal with banks, insurers and the land registry, a joint certificate of inheritance is often required.
The order and duration of use of the estate is determined by the arrangement of a prior and subsequent inheritance in the will. The testator appoints a person as a prior heir who can use the inheritance for a certain period of time. The subsequent heir only becomes the testator's heir when the prior inheritance ends.
The certificate of inheritance issued to the prior heirs must state that a subsequent succession has been ordered, the conditions under which it occurs and who the subsequent heir is.
A certificate of inheritance limited to the deceased's assets located in Germany (estate) can be issued by the probate court upon application if the estate also includes items located abroad. A restricted certificate of inheritance should be applied for if it speeds up the procedure for issuing the certificate of inheritance (e.g. because no foreign inheritance law needs to be determined) or because the certificate of inheritance is not required abroad and the restriction can save costs.