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Apply for an Erbschein at the Nachlassgericht

Two fees, not one — and often entirely avoidable

Nachlassgericht (probate court)§ 2353 BGBRechtspfleger (senior judicial officer) decides

The Erbschein (certificate of inheritance) shows banks, the Grundbuchamt and insurers who has become the heir. The competent court is the Nachlassgericht (probate court) — a department of the Amtsgericht in whose district the deceased last had their habitual residence. Before applying for it, however, it is worth asking whether you need it at all: if a notarial will or a contract of inheritance with the court's record of the opening is available, this can prove the same thing in many cases, making the Erbschein unnecessary.

The costs are stated too low almost everywhere, for two reasons at once. First, the fee follows Table B of the Court and Notary Costs Act (Gerichts- und Notarkostengesetz, GNotKG), § 34 GNotKG, not the higher Table A — that is the good news. Second, it is charged twice: once for issuing the Erbschein and once for taking the declaration in lieu of oath with which you confirm the information in the application. Anyone who only budgets for the single rate is reckoning with half the amount.

The application is usually not decided by a judge. This application is usually decided not by a judge but by the Rechtspfleger (senior judicial officer): the Act on Senior Judicial Officers (Rechtspflegergesetz, RPflG) assigns to them in § 3 RPflG, among other things, probate, register, land register and insolvency matters. This is more than a question of jurisdiction, because it determines the legal remedy: if no other appellate remedy is available against the decision, the Erinnerung (objection to a decision of the Rechtspfleger) is available under § 11 Abs. 2 RPflG, to be lodged within two weeks. The Rechtspfleger can grant it themselves; if they do not, they refer it to the judge. The Erinnerung procedure is free of court fees.

Last updated28 August 2026
Legal basis§ 2353 BGB · GNotKG KV 12210
VerificationGNotKG Table B and § 34 Abs. 2 · KV 12210 · § 3 and § 11 RPflG
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Amtsgericht, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. No legal advice and not an official authority. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
Fee2 × Table BErbschein plus declaration in lieu of oath
Competent bodyNachlassgericht (probate court)Deceased's last habitual residence
Often unnecessaryNotarial willWith the record of the opening instead of an Erbschein
Required documents

What you need

Deceased's death certificate (Sterbeurkunde)

In the original or as a certified copy, issued by the Standesamt (registry office) of the place of death. Without it, the Nachlassgericht cannot establish the inheritance; a plain copy is not sufficient.

Proof of your status as heir

For statutory succession, the certificates proving the degree of relationship — birth, marriage and, where applicable, further death certificates of intermediate persons. For succession by will, the will or contract of inheritance together with the record of the opening. Putting this chain together in full is the most time-consuming part of the application.

Information on the value of the estate

The value of the estate at the time of death determines the fee, after deducting the estate's liabilities. The deceased's debts reduce the value of the subject matter (Geschäftswert) — anyone who does not state them pays too much. Real property is valued at its market value.

Information on all co-heirs

Names, addresses and inheritance shares of all participants. In a community of heirs, one co-heir can apply for the joint Erbschein for everyone; this saves trips and fees compared with several separate applications.

Willingness to make the declaration in lieu of oath

You declare in lieu of oath that you are not aware of anything that conflicts with the accuracy of your statements. This takes place at the Nachlassgericht or with a notary — and triggers the second fee. A false declaration is a criminal offence, which is why unclear points should be clarified beforehand.

Step by step

How to proceed

  1. 1

    First check whether you need the Erbschein

    As against the Grundbuchamt, a notarial will or a contract of inheritance with the record of the opening is usually sufficient under § 35 Abs. 1 of the Land Register Code (Grundbuchordnung, GBO). The Grundbuchamt, however, retains a margin of discretion and can still require the Erbschein if it considers the succession not to be sufficiently proven. Banks are not bound by this rule in any case, but often waive the requirement too. Ask there before applying — this can save the entire amount.

  2. 2

    Determine the competent Nachlassgericht

    The competent court is the Amtsgericht in whose district the deceased last had their habitual residence — not your own place of residence and not the location of any real property. In Baden-Württemberg, jurisdiction over probate matters historically lay with the state notarial offices; since 2018, Amtsgericht jurisdiction has applied there too.

  3. 3

    Set the value of the estate correctly

    What matters is the value of the estate at the time of the inheritance, less the estate's liabilities. Funeral costs, the deceased's debts and legacies reduce the value of the subject matter. Because both fees depend on this value, every deduction left out has a double effect.

  4. 4

    Submit the application and make the declaration in lieu of oath

    The application can be declared to be taken down in writing at the Nachlassgericht, or notarised by a notary. Both can take the declaration in lieu of oath. If you choose the notary, their fee is charged instead of the court fee — the total stays roughly the same, but the route is often faster.

  5. 5

    If refused: lodge an Erinnerung instead of giving up

    If the Rechtspfleger rejects the application, the legal remedy is the Erinnerung under § 11 Abs. 2 RPflG within two weeks, and it costs no court fees. Often it is only a matter of a missing certificate in the chain of proof; the Rechtspfleger will then grant the Erinnerung themselves as soon as you submit the missing certificate.

Fee information

Costs and payment

Fee under Table B — twiceGNotKG KV 12210 and the declaration in lieu of oath
Value of the estate €10,000€75 per fee · around €150 total
Value of the estate €50,000€165 per fee · around €330 total
Value of the estate €110,000€273 per fee · around €546 total
Value of the estate €200,000€435 per fee · around €870 total
Value of the estate €500,000€935 per fee · around €1,870 total
Value of the estate €1,000,000€1,735 per fee · around €3,470 total

What matters is Table B of § 34 GNotKG, not the higher Table A. The text of the law itself gives the example that, for a value of the subject matter of €500, the fee is €40 under Table A and €15 under Table B. The second fee does not arise if the declaration in lieu of oath was already made before a notary — in that case, the notary charges for it instead.

Good to know

Important notes

The fee is charged twice. In addition to issuing the Erbschein, taking the declaration in lieu of oath is charged separately, each at 1.0 under Table B. Budget for double the amount; most cost figures online only state the single amount.

What matters is Table B, not Table A. The difference is considerable: for a value of the subject matter of €500, § 34 Abs. 2 GNotKG states €40 under Table A and €15 under Table B. Anyone calculating with the court table arrives at several times the amount.

Debts reduce the fee. The value of the subject matter is the estate less its liabilities. Funeral costs and the deceased's debts should be stated — they reduce both fees at the same time.

With a notarial will, you often do not need an Erbschein. § 35 Abs. 1 GBO allows the public document with the record of the opening to be sufficient as against the Grundbuchamt. The Grundbuchamt can, however, require the Erbschein if it does not consider the succession proven by it, and banks are not bound by this provision.

A joint Erbschein for the whole community of heirs is cheaper than several individual Erbscheine. One co-heir can apply for it on behalf of everyone.

Avoid these mistakes

Common mistakes

Applying for the Erbschein without first asking the bank and the Grundbuchamt. With a notarial will and the record of the opening, both often waive the requirement — in which case the entire fee was avoidable.

Budgeting for only one fee. The Erbschein and the declaration in lieu of oath are charged separately; the actual amount is about twice the figure from the fee table.

Calculating with Table A. The lower Table B applies for the Erbschein — anyone referring to the court table is unnecessarily alarmed.

Leaving out the estate's liabilities. The value of the subject matter is the net estate; debts not stated increase both fees.

Giving up after a rejection. The Erinnerung under § 11 Abs. 2 RPflG costs no court fees, but runs for only two weeks — usually only a certificate is missing from the chain of proof.

Frequently asked questions

Questions and answers

What does an Erbschein really cost?

The fee is 1.0 under Table B of § 34 GNotKG and is charged twice — for issuing it and for taking the declaration in lieu of oath. For a value of the estate of €50,000, that is €165 per fee, around €330 together; for €200,000, €435 each, around €870 together. What matters is the estate less its liabilities.

Do I need an Erbschein at all?

Not always. If a notarial will or a contract of inheritance with the court's record of the opening is available, this is usually sufficient as against the Grundbuchamt under § 35 Abs. 1 GBO. The Grundbuchamt, however, retains some discretion and can require the Erbschein if it does not consider the succession sufficiently proven. Banks are not bound by this provision but often waive the requirement too — ask there before applying.

Who decides on my application?

Usually the Rechtspfleger, not a judge: § 3 RPflG assigns probate matters to them. This is decisive for the legal remedy — against their decision, the Erinnerung is available under § 11 Abs. 2 RPflG, within two weeks and free of court fees. They can grant it themselves; otherwise they refer it to the judge.

Which court has jurisdiction?

The Amtsgericht as Nachlassgericht, in whose district the deceased last had their habitual residence — not your place of residence and not the location of a plot of land. Special rules apply for deceased persons whose last residence was abroad; in that case, ask the court in advance.

Can I submit the application to a notary instead of the court?

Yes. The notary notarises the application and takes the declaration in lieu of oath; they forward both to the Nachlassgericht, which issues the Erbschein. The fee for the declaration in lieu of oath is then charged by the notary instead of the court. The amount stays roughly the same, but the route is often faster.

What is a joint Erbschein?

An Erbschein that shows all co-heirs with their shares. One co-heir can apply for it on behalf of the whole community of heirs. This is significantly cheaper than several individual Erbscheine, because the fee is charged only once on the total estate instead of several times.

Related official procedures

Disclaim an inheritance
Six weeks from awareness (§ 1944 BGB)
€30
Opening of the will
Of the court's own motion, without an application
Fixed fee
Deposit a will
Official custody at the Nachlassgericht
€82

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