When a loved one passes away, leaving behind assets or real estate in different countries, grief can quickly turn into a complicated matter. Probate proceedings across national borders typically require certified translations of various documents. This guide explains which documents need to be translated for international inheritance matters, what the requirements are, and how to 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 Succession Regulation: Things you need to know
- Country-specific characteristics
- Apostille and Legalisation
- Common sources of error and how to avoid them
- Costs and timeframe
- How to order a certified translation of inheritance documents
- Frequently Asked Questions
When are certified translations necessary in probate proceedings?
Certified translations are required in probate proceedings in the following cases:
- The deceased resided abroad but leaves behind assets in Germany.
- A testator living in Germany leaves behind assets abroad.
- The heirs live in different countries.
- Real estate or other assets are located abroad
- The will was written in a foreign language.
- When foreign probate courts or notaries are involved
- For proof of inheritance at foreign banks or insurance companies
In all these cases, authorities and probate courts generally require certified translations of the relevant documents to ensure the accuracy of the content. A standard translation is insufficient, 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 need to be certified and translated:
Basic documents
testament
The most important document in probate proceedings
Certificate of inheritance
It certifies the status of heir
Death certificate
Official confirmation of death
Birth certificates
To prove kinship relationships
Marriage certificate
Relevant for spouses as heirs
Order a certified translation now
For all inheritance documents such as wills, certificates of inheritance and more
Order translationAdditional documents that are usually required
- Inheritance contract: An alternative to a will, containing contractual provisions regarding the estate.
- Estate inventory : A list of all the deceased's assets.
- Land registry extracts : For properties abroad
- Bank statements : For accounts abroad
- Powers of attorney : When a representative is to act abroad
- Court orders : For example, regarding the opening of a will or estate administration
- Pension statement: In cases of inheritance or proof of financial security
- European Certificate of Succession (ECS) : For inheritance cases within the EU
- Tax clearance certificates : Required in some countries for the transfer of assets
- Bank statements and securities account confirmations: For proof of financial assets
All these documents generally need to be translated by a sworn or certified translator to be accepted by foreign authorities. Certification ensures that the translation is complete and accurate.
Special requirements for the translation of wills
The certified translation of a will requires particular care, as every wording can have legal consequences. We, as an online translation agency, are your contact for this.
Linguistic precision
Wills often contain legal terminology and specific wording that must be accurately rendered in the target language. The translator must be familiar with the inheritance laws of both countries to avoid misunderstandings.
Particular challenges include:
- 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 formulations that are no longer in use today.
- Testamentary 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
- Design features such as underlining or indentation
These are usually documented in the translator's notes to ensure complete transparency.
Your good fortune is that at Beglaubigung24, you have access to a team of state-certified and authorized 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, ensuring that your documents are translated and certified in accordance with regulations.
For example, a German will that is to be recognized in the USA must not only be translated, but also meet the formal requirements there. Some US states require specific authentication formats that go beyond the standard German authentication.
The EU Succession Regulation: Things you need to know
Since August 17, 2015, the EU Succession Regulation (No. 650/2012) has been in force in the European Union, significantly simplifying cross-border inheritance 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 state in which the deceased had his last habitual residence applies.
- Choice of law: However, the testator can choose the law of his home country.
- Jurisdiction: The courts of the state in which the deceased had his or her last habitual residence have jurisdiction over the entire estate.
- European Certificate of Succession (ECS): A standardized document for proving heirship in all EU member states (except Denmark, Ireland and the United Kingdom)
Meaning for translations
Despite the simplifications introduced by the EU Succession Regulation, certified translations remain necessary:
- Supporting documents (will, death certificate, etc.) still require certified translations.
- For the choice of law to apply, the testamentary disposition (will) must be unambiguous, which requires a precise translation.
Country-specific characteristics
| country | Special features |
|---|---|
| Spain | For real estate transactions in Spain, certified translations of all inheritance documents are required. Spanish notaries generally require an additional apostille. |
| France | In this case, an "Acte de Notoriété" is often required, which must be officially translated. |
| 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 an EU member, Switzerland has its own international private law. |
| United Kingdom | After Brexit, the EU Succession Regulation no longer applies. |
Translations for non-EU countries
Further obstacles may arise in probate proceedings involving non-EU countries:
- USA: Each state has its own regulations for the recognition of foreign wills. Often, notarization with an apostille is required.
- Turkey: In addition to a certified translation, consular authentication is often required. Turkish inheritance law has a strict system of mandatory shares, which can also be relevant for foreign testators with assets in Turkey.
- United Arab Emirates: Islamic inheritance law (Sharia) applies here unless an explicit choice of law has been made. Translations must be done by specially accredited translators.
What is the difference between an apostille and a legalization?
In many cases, a certified translation alone is not sufficient. International probate proceedings often require additional certifications:
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 acted, and the authenticity of the seal.
legalization
For countries that are not party to the Hague Convention, full legalization is generally required. This multi-stage process involves authentication by various authorities and ultimately by the embassy of the destination country.
Tip: Contact the relevant embassy or a legal advisor early on to find out about the specific requirements of the country in question. This can save a lot of time and effort. It is advisable to plan the authentication, translation, and apostille/legalization process from the outset, as this can be quite time-consuming.
Common sources of error and how to avoid them
International probate proceedings can lead to delays or even rejection of applications if translations do not meet the requirements. Here are the most common problems and how to avoid them:
1. Incomplete translations
Authorities require a translation of the entire document, including all stamps, seals, and annotations. Omission of even minor details can lead to rejection.
Solution: Ensure that the appointed translator translates the entire document and documents all formal elements.
2. Errors in legal terminology
Inheritance law terminology varies considerably 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 early on which documents require which form of authentication and plan enough time for this process.
4. Outdated or no longer valid documents
Sometimes documents have a limited validity period 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 work exclusively with qualified and state- certified translators who are familiar with the specific requirements of international probate proceedings. We help you translate and certify the right documents in the correct format.
Costs and timeframe
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: Legal texts are more complex to translate than standardized documents.
- Urgency: Express translations are subject to an additional charge.
- 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 at just €53.90. For wills and more complex documents, the price depends on the length and complexity.
Timeframe:
- Standard: 3-4 working days for PDF delivery
- Express: A 24-hour service is available for selected languages.
How to order a certified translation of inheritance documents
Within a few days you will receive your certified translation as a PDF via email and, if desired, as a hard copy by post.
Frequently Asked Questions about Translations for Probate Proceedings
Does a handwritten will need to be officially translated?
Yes, even handwritten wills (so-called holographic wills) must be officially translated for use abroad. The translator will note in the translation that it is a handwritten document.
Can I translate my own will?
No, for official purposes a certified translation is required, which can only be prepared by a sworn or authorized translator. Self-translations are not accepted by authorities and courts.
How long is a certified translation of a certificate of inheritance valid?
Certified translations generally have no validity period. As long as the original document is valid, the translation remains valid as well. However, some authorities may, for internal reasons, require a translation that is no more than three or six months old.
Do I need to send in the original of my will for translation?
For translation, a clearly legible copy or scan of the original document is usually sufficient. 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 notes 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 EU-wide, some authorities still require a certified translation into the respective official language.
How do I proceed with real estate abroad?
For real estate abroad, you generally need certified translations of the certificate of inheritance or will, as well as all relevant land registry 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 apostille and translation take?
The entire process can take 2-6 weeks, depending on the country and the authorities involved. The translation itself is usually completed within 3-4 business days; the apostille or legalization takes additional time. We offer express services for time-sensitive cases.
What happens when documents need to be used in multiple countries?
In this case, you may need several certified translations, as each country can 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 through our certified online translation agency.
