When a loved one passes away and leaves behind assets or property in different countries, mourning quickly becomes a complicated matter. Probate proceedings across national borders usually require notarized translations of various documents. In this guide, you will find out which documents need to be translated for international inheritance matters, what the requirements are and how you can make the process as smooth as possible.
Table of contents
- When are certified translations necessary in probate proceedings?
- Which documents need to be translated for probate proceedings?
- Special requirements for the translation of wills
- The EU Inheritance Regulation: Things to know
- Country-specific features
- Apostille and legalization
- Common sources of error and how to avoid them
- Costs and time frame
- How to order a certified translation for inheritance documents
- Frequently asked questions
When are certified translations necessary in probate proceedings?
Certified translations are required for probate proceedings in the following cases:
- The deceased was domiciled abroad but leaves assets in Germany
- A testator living in Germany leaves assets abroad
- Heirs live in different countries
- Real estate or other assets are located abroad
- The will was written in a foreign language
- If foreign probate courts or notaries are involved
- For proof of succession with foreign banks or insurance companies
In all these cases, authorities and probate courts usually require certified translations of the relevant documents to ensure that the content is correct. A normal translation is not sufficient here, as only certification by a sworn translator guarantees legal recognition.
Even if all parties involved understand the respective languages, authorities usually insist on official translations, as these are legally binding documents.
Which documents need to be translated for probate proceedings?
In international inheritance matters, the following documents usually have to be translated and notarized:
Basic documents
Will
The most important document in probate proceedings
Certificate of inheritance
Certifies the status of heir
Death certificate
Official confirmation of death
Birth certificates
Proof of family relationships
Marriage certificate
Relevant for spouses as heirs
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For all inheritance documents such as wills, certificates of inheritance and more
Order translationAdditional documents that are usually required
- Inheritance contract: Alternative to a will that contains contractual provisions on the estate
- Estate inventory: listing of all assets of the deceased
- Land register extracts: For real estate abroad
- Bank certificates: For accounts abroad
- Powers of attorney: If a representative is to act abroad
- Court orders: For example, to open a will or administer an estate
- Pension certificate: In the case of inheritance or proof of financial security
- European Certificate of Succession (ENZ): For inheritance cases within the EU
- Tax clearance certificates: Required in some countries for the transfer of assets
- Account statements and deposit confirmations: For proof of financial assets
As a rule, all of these documents must be translated by a sworn or authorized translator in order to be recognized by foreign authorities. The certification ensures that the translation is complete and correct in terms of content.
Special requirements for the translation of wills
The certified translation of a will requires special care, as every formulation can have legal consequences. As an online translation agency, we are your point of contact for this.
Linguistic precision
Wills often contain legal terms and special formulations that must be correctly rendered in the target language. The translator must be familiar with the inheritance laws of both countries in order to avoid misunderstandings.
This poses particular challenges:
- Legal terminology: Terms such as "legacy", "division order" or "executor" have different equivalents and meanings in different legal systems
- Outdated language: Older wills may contain wording that is no longer used today
- Will formulas: Standardized phrases must be correctly translated into the target language
- Legal concepts: Some inheritance law concepts do not exist in the same form in other legal systems
Formal aspects
The translation must also take into account formal aspects of the original:
- Handwritten notes
- Deletions or additions
- Signatures and seals
- Formal errors or special features
- Numbering of paragraphs or sections
- Special design features such as underlining or indentation
These are usually documented in the translator's notes to ensure complete transparency.
Lucky for you, Beglaubigung24 has a team of sworn and certified translators who specialize in the professional translation of legal documents and have extensive experience with inheritance matters. Our experts are familiar with the specific requirements of probate courts and international authorities so that your documents are translated and certified accordingly.
Example: A German will that is to be recognized in the USA must not only be translated, but must also meet the formal requirements there. In some US states, specific notarization formats are required that go beyond the standard German notarization.
The EU Inheritance Regulation: Things to know
Since August 17, 2015, the EU Succession Regulation (No. 650/2012) has been in force in the European Union, which has considerably simplified cross-border probate proceedings. Here are the most important points you should know:
Basic principles of the EU Succession Regulation
- Uniform connecting factor: In principle, the law of the country in which the deceased had their last habitual residence applies
- Choice of law: However, the testator may choose the law of his or her home country
- Jurisdiction: The courts of the state in which the deceased had his or her last habitual residence have jurisdiction over all assets
- European Certificate of Succession (ECC): A standardized document proving the status of heir in all EU countries (except Denmark, Ireland and the United Kingdom)
Meaning for translations
Despite the simplifications brought about by the EU Inheritance Regulation, certified translations remain necessary:
- Supporting documents (will, death certificate, etc.) still require certified translations
- For the choice of law, the disposition of property upon death (will) must be clear, which requires a precise translation
Country-specific features
| Country | Special features |
|---|---|
| Spain | Certified translations of all inheritance documents are required for real estate in Spain. Spanish notaries usually require an additional apostille. |
| France | An "Acte de Notoriété" is often required here, which must be notarized. |
| Italy | Italian authorities often require legalization in addition to a certified translation. The declaration of inheritance must be submitted within 12 months of the death. |
| Switzerland | Although not a member of the EU, Switzerland has its own private international law. |
| United Kingdom | After Brexit, the EU Inheritance Regulation will no longer apply. |
Translations for non-EU countries
Further hurdles may arise in probate proceedings relating to non-EU countries:
- USA: Each federal state has its own regulations for the recognition of foreign wills. Notarization with an apostille is often required.
- Turkey: In addition to a certified translation, consular notarizations are often required. Turkish inheritance law has a strict right to a compulsory portion, which may also be relevant for foreign testators with assets in Turkey.
- United Arab Emirates: Islamic inheritance law (Sharia) applies here, unless an express choice of law has been made. Translations must be carried out by specially accredited translators.
What is the difference between apostille and legalization
In many cases, the certified translation alone is not sufficient. International probate proceedings often require additional notarizations:
Apostille
A simplified form of legalization for countries that are party to the Hague Convention. It confirms the authenticity of the signature, the capacity in which the signatory has acted and the authenticity of the seal.
Legalization
For countries that are not party to the Hague Convention, full legalization is usually required. This multi-stage process involves notarizations by various authorities and ultimately by the embassy of the destination country.
Tip: Ask the relevant embassy or a legal advisor about the specific requirements of the country in question at an early stage. This can save a lot of time and effort. It is advisable to plan the process of certification, translation and apostillation/legalization from the outset, as this can take a considerable amount of time.
Common sources of error and how to avoid them
In international probate proceedings, applications can be delayed or even rejected if the translations do not meet the requirements. Here are the most common problems and how you can avoid them:
1. incomplete translations
Authorities require the translation of the entire document, including all stamps, seals and annotations. The omission of even small details can lead to rejection.
Solution: Make sure that the commissioned translator translates the entire document and documents all formal elements.
2. errors in legal terminology
Inheritance law terminology varies greatly between different legal systems. Inaccurate translations can lead to misunderstandings.
Solution: Work with translators who have proven experience with legal documents and ideally with inheritance law.
3. missing or incorrect apostilles/legalizations
It is often overlooked that not only the translation, but also the original document may require an apostille or legalization.
Solution: Clarify at an early stage which documents require which form of legalization and allow sufficient time for this process.
4. obsolete or no longer valid documents
Sometimes documents are only valid for a limited time or need to be updated.
Solution: Check the validity of all documents before translation and obtain current versions if necessary.
Please note: At Beglaubigung24 , we only work with qualified and sworn translators who are familiar with the specific requirements of international probate proceedings. We help you to translate and certify the right documents in the correct form.
Costs and time frame
The cost of certified translations of inheritance documents depends on various factors:
- Length of documents: Wills can range from one page to several dozen pages.
- Complexity: Specialist legal texts are more complex to translate than standardized documents.
- Urgency: Express translations are subject to a surcharge.
- Language combination: Translations from less common languages are often more expensive.
- Additional services: Apostille, legalization or special format requirements may incur additional costs.
At Beglaubigung24 , prices for certified translations of documents start from as little as €53.90. For wills and more complex documents, the price depends on the scope and complexity.
Time frame:
- Standard: 3-4 working days for PDF delivery
- Express: A 24-hour service is available for selected languages
How to order a certified translation for inheritance documents
Within a few days, you will receive your certified translation as a PDF by e-mail and, on request, as a hard copy by post.
Frequently asked questions about translations for probate proceedings
Does a handwritten will have to be notarized?
Yes, handwritten wills (so-called holographic wills) must also be notarized for use abroad. The translator will note in the translation that it is a handwritten document.
Can I translate my will myself?
No, for official purposes a certified translation is required, which can only be produced by a sworn or authorized translator. Self-translations are not recognized by authorities and courts.
How long is a certified translation of a certificate of inheritance valid for?
Certified translations generally have no validity limit. As long as the original document is valid, the translation also remains valid. However, some authorities may require a translation that is not older than three or six months for internal reasons.
Do I have to send the original of my will for translation?
A legible copy or scan of the original document is usually sufficient for the translation. At Beglaubigung24 , you can conveniently upload your documents online without having to send originals.
Are seals and stamps also translated?
Yes, all formal elements such as seals, stamps, handwritten annotations and signatures are described in the certified translation and their position in the document is noted.
What is a European Certificate of Succession (ECS) and does it need to be translated?
The European Certificate of Succession is a standardized document that proves the legal status of heirs, legatees and executors within the EU. Although it is recognized throughout the EU, some authorities still require a certified translation into the relevant official language.
How do I proceed with real estate abroad?
For real estate abroad, you usually need certified translations of the certificate of inheritance or will as well as all relevant land register documents. Depending on the country, additional documents may be required, such as tax certificates or special powers of attorney for notaries.
How long does the entire process of apostillization and translation take?
The entire process can take 2-6 weeks, depending on the country and authorities involved. The translation itself is usually completed in 3-4 working days, the apostille or legalization takes additional time. We offer express services for time-critical cases.
What happens if documents have to be used in several countries?
In this case, you may need several certified translations, as each country may have its own requirements. We can help you make the process as efficient as possible and tailor the translations to the specific requirements of each country.
Do you need a certified translation for your documents? Contact us or start your order now via our certified online translation agency.
