Inheritance law guides

Intestate succession: who inherits without a will, and how much?

If there is no will and no contract of inheritance, intestate succession applies: first children and grandchildren inherit (1st order); if there are none, parents and siblings (2nd order); then grandparents, uncles and aunts (3rd order), with a closer order excluding all more distant ones (Sec. 1924 to 1930 BGB). The spouse inherits alongside them: under the statutory matrimonial property regime, half alongside children and three quarters alongside parents or siblings (Sec. 1931 (1), Sec. 1371 (1) BGB). Unmarried partners inherit nothing without a will.

Applying for a certificate of inheritance: whether you need one and how it works

You apply for a certificate of inheritance (Erbschein) at the probate court (Nachlassgericht), i.e. the local court (Amtsgericht) for the deceased's last habitual residence, or through a notary (Sec. 343 FamFG). The costs depend on the value of the estate less the deceased's debts: at the probate court, for example, you pay €330 for €50,000 and €870 for €200,000, in each case including the affidavit. Often you do not need a certificate of inheritance at all, for example if there is a notarial will with a record of opening or a bank power of attorney that continues after death.

Disclaiming an inheritance: how to proceed step by step

You can disclaim an inheritance within six weeks of learning of the death and knowing why you are an heir. If the deceased's last residence was only abroad or you are abroad when the period begins, you have six months (Sec. 1944 BGB). You make the declaration in person for the record at the probate court (Nachlassgericht, a department of the local court) or with a signature certified by a notary; a simple letter is not enough (Sec. 1945 BGB). Afterwards, whoever would be next in line without you inherits, often your own children.