If it subsequently turns out that the person documented in the certificate of inheritance is not the real heir, the certificate of inheritance must be withdrawn.
If the probate court determines that the person listed in the certificate of inheritance is not the true heir, the probate court must revoke the certificate of inheritance ex officio. The certificate of inheritance then becomes invalid. The incorrect heirs are no longer allowed to dispose of the estate. The true heir can also request the revocation of the certificate of inheritance.
There is a sole inheritance certificate and this identifies a person as heir who is not an heir.
The procedure is carried out ex officio by the probate court. If you apply for such a procedure, the following documents are helpful:
Furthermore, everything that proves the inaccuracy of the certificate of inheritance must be submitted.
Please note:
The probate court does not provide legal advice. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.
No
The local court examines ex officio or upon application whether the certificate of inheritance should be withdrawn due to inaccuracy.
The processing time depends on the specific circumstances of the inheritance. Processing times may vary in the individual probate courts.
The amount of the costs is determined by the value of the estate at the time of the inheritance.
An appeal may be lodged against the confiscation decision.
Keywords: Certificate of inheritance incorrect Certificate of inheritance false heirs Certificate of inheritance invalid
Last updated: 27.04.2025