2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

• Wills¹ and agreements as to succession (only within the competence of notaries);
• Waivers of a succession (within the competence of notaries and court registries);
• Divisions of a succession (within the competence of notaries);
• Inventory (within the competence of notaries and judges);
• Request for a certificate of succession (within the competence of notaries).

In cases where notaries are competent, consular agents are also competent with respect to instruments drawn up abroad – except in the case of wills or agreements as to succession (Erbverträge), in which case they are only authorised to draw up statements as to the last will of German citizens (Art. 10 et seq. of the Consular Law, KonsG).

¹ A private will is not an authentic instrument and its probative value is very limited.