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

When does intestate succession apply?

It applies if the deceased did not validly provide otherwise:

• No will, no contract of inheritance: the most common case.
• Will invalid: for example written on a computer and merely signed; a handwritten will must be written and signed by hand (Sec. 2247 (1) BGB).
• Will cannot be found: If its content cannot be proven, intestate succession remains.
• Will only covers part of the estate: Intestate succession applies to the rest of the estate (Sec. 2088 BGB).
• Appointed heir drops out: If they disclaim or died beforehand, what matters first is a substitute heir (Sec. 2096 BGB), accrual to the other appointed heirs (Sec. 2094 BGB) or, in the case of descendants, the rule of interpretation in Sec. 2069 BGB. If none of these applies, intestate succession applies.
• Disinheritance without appointment of heirs: If a will only excludes someone without naming heirs, the other statutory heirs inherit (Sec. 1938 BGB).

How to make your own provision is explained in the guide Writing a will.

The orders of succession: the sequence of heirs

Heirs are called according to orders. As long as a relative of a preceding order is alive, nobody from a later order inherits (Sec. 1930 BGB).

Order	Who belongs to it?	Section	Inherits only if ...
1st order	children, grandchildren, great-grandchildren	Sec. 1924 BGB	always first
2nd order	parents and their descendants: siblings, half-siblings, nephews, nieces	Sec. 1925 BGB	there are no children, grandchildren or great-grandchildren
3rd order	grandparents and their descendants: uncles, aunts, cousins	Sec. 1926 BGB	there is nobody from the 1st and 2nd order
4th order	great-grandparents and their descendants	Sec. 1928 BGB	there is nobody from the 1st to 3rd order
5th and more distant orders	more distant ancestors and their descendants	Sec. 1929 BGB	there is nobody from a closer order
State	federal state of the last residence, otherwise the Federation	Sec. 1936 BGB	there are neither relatives nor a spouse or civil partner

The basic rules

• A closer order takes precedence: A single grandchild excludes parents, siblings and uncles (Sec. 1930 BGB).
• Children inherit in equal shares (Sec. 1924 (4) BGB), regardless of whether they were still in contact.
• Living children exclude their own children (Sec. 1924 (2) BGB). Grandchildren therefore only inherit if their parent has already died or disclaims.
• Succession by branches (per stirpes): If a child has died, their descendants share their portion (Sec. 1924 (3) BGB).
• Lines in the 2nd order: If both parents are alive, they inherit alone and in equal shares. If one parent has died, their descendants take their place, i.e. the siblings of the deceased; if there are none, the surviving parent inherits alone (Sec. 1925 (2) and (3) BGB). In the 3rd order, the same applies accordingly to both pairs of grandparents (Sec. 1926 BGB).

4th and 5th order

From the 4th order onwards, the branch principle no longer applies: if great-grandparents are alive, they inherit alone. Otherwise, whoever is most closely related to the deceased by degree inherits; equally close relatives inherit in equal shares (Sec. 1928 (2) and (3), Sec. 1929 BGB).

How much does the spouse inherit?

The spouse inherits alongside the relatives with a share of their own. It depends on who inherits alongside them and which matrimonial property regime applied. The same applies to registered civil partners (Sec. 10 LPartG).

Spouse inherits alongside ...	Community of accrued gains (statutory regime)	Separation of property	Community of property
1 child	1/2	1/2	1/4
2 children	1/2	1/3	1/4
3 or more children	1/2	1/4	1/4
parents, siblings, nephews, nieces or grandparents	3/4	1/2	1/2
nobody from the 1st and 2nd order and no grandparents	everything	everything	everything

Legal basis: basic share of 1/4 alongside children and 1/2 alongside the 2nd order or grandparents (Sec. 1931 (1) BGB), increase by 1/4 under the community of accrued gains (Sec. 1371 (1) BGB), equal shares with one or two children under separation of property (Sec. 1931 (4) BGB), everything if there are no close relatives (Sec. 1931 (2) BGB). Under community of property, only the deceased's share in the joint property belongs to the estate (Sec. 1482 BGB). Uncles and aunts inherit nothing alongside the spouse: if grandparents coincide with their descendants, the spouse also receives the descendants' share (Sec. 1931 (1) sentence 2 BGB).

Community of accrued gains: the accrued gains quarter

Under the community of accrued gains (Zugewinngemeinschaft), equalisation of accrued gains on death is settled as a flat rate by an additional quarter, regardless of whether any gains accrued (Sec. 1371 (1) BGB). Instead, the spouse can disclaim and claim the actual equalisation of accrued gains plus the small compulsory share (Sec. 1371 (3) BGB), which can be worthwhile if the accrued gains are high. How this is calculated is explained in the guide Compulsory share, and the time limit in the guide Disclaiming an inheritance.

The "Voraus": household goods and wedding presents

In addition to their share of the inheritance, the spouse receives the household items and wedding presents as the so-called "Voraus" (preferential portion). Alongside children, this only applies to the extent that they need them to maintain an appropriate household (Sec. 1932 (1) BGB).

Divorce and divorce petition

The right of inheritance ends with divorce. It lapses even before then if, at the time of death, the requirements for divorce were met and the deceased had applied for it or consented to it (Sec. 1933 BGB). Spouses who are merely living apart generally still inherit.

Table of shares: who inherits how much?

Statutory shares without a will, with the spouse under the statutory regime of the community of accrued gains. Example: an estate of €300,000 after deduction of debts. Siblings are in each case children of both parents. The compulsory share, i.e. the minimum participation in the case of disinheritance, is in the guide Compulsory share, with a table of shares.

Family constellation	Shares of the inheritance	Example for €300,000
Married, 1 child	spouse 1/2, child 1/2	spouse €150,000, child €150,000
Married, 2 children	spouse 1/2, each child 1/4	spouse €150,000, each child €75,000
Married, 3 children	spouse 1/2, each child 1/6	spouse €150,000, each child €50,000
Widowed or divorced, 2 children	each child 1/2	each child €150,000
Widowed, 2 children, one of whom died first leaving 2 children of their own	living child 1/2, each grandchild 1/4	child €150,000, each grandchild €75,000
Married, no children, both parents alive	spouse 3/4, each parent 1/8	spouse €225,000, each parent €37,500
Married, no children, parents deceased, 2 siblings	spouse 3/4, each sibling 1/8	spouse €225,000, each sibling €37,500
Married, no children, no parents, siblings, nephews, nieces or grandparents	spouse everything	spouse €300,000
Unmarried, no children, both parents alive	each parent 1/2	each parent €150,000
Unmarried, no children, one parent deceased, 2 siblings	living parent 1/2, each sibling 1/4	parent €150,000, each sibling €75,000
Unmarried, no children, parents and grandparents deceased, no siblings, a paternal uncle and a maternal aunt as the only other children of the grandparents	uncle 1/2, aunt 1/2	€150,000 each

The shares follow from Sec. 1924, 1925, 1926, 1931 and 1371 (1) BGB. Under separation of property and with 2 children, the spouse and children each inherit 1/3, i.e. €100,000 each. The table does not determine who receives which item (see community of heirs).

Typical cases: who inherits if ...

... a spouse dies and there are children

Werner dies without a will. He was married to Petra under the statutory matrimonial property regime, and they have two children, Julia and Tobias. Petra inherits half, Julia and Tobias a quarter each. This means Petra does not receive the house in which the family lives, and which belonged to Werner alone, on her own: it falls into the estate and belongs to all three heirs jointly. They can only dispose of the house jointly (Sec. 2040 (1) BGB), and each of them can demand that the estate be divided (Sec. 2042 (1) BGB), if necessary by auction (Sec. 2042 (2) with Sec. 753 BGB). If the house belonged to both spouses in equal halves, only Werner's half falls into the estate.

... the father dies and the mother is alive

If the parents were married, the mother inherits alongside the children (half under the community of accrued gains), and the children share the rest. If the parents were divorced or never married, the mother inherits nothing. The children then inherit alone. If the mother later also dies without a will and without a new spouse, the children inherit her estate, which then also includes what she inherited from the father.

... a married couple has no children

A common misconception: the spouse does not automatically inherit everything. If the deceased's parents, siblings, nephews, nieces or grandparents are alive, the spouse inherits three quarters under the community of accrued gains, and the rest goes to the deceased's family. The spouse only inherits alone once none of these is left (Sec. 1931 (2) BGB). To provide for each other, spouses need a will.

... there are no children

For unmarried people without children, the parents inherit half each. The half of a deceased parent goes to that parent's children, i.e. the siblings; if there are none, the other parent inherits alone (Sec. 1925 (3) BGB). Nephews and nieces take the place of deceased siblings, and only then do grandparents, uncles and aunts follow.

... a child dies before the parents

Walter is widowed and has two children, Katrin and Daniel. Daniel died before Walter and leaves his wife Nina and his daughter Emma. Walter leaves €240,000. Katrin inherits half, i.e. €120,000. Emma takes Daniel's place with the other half, i.e. €120,000 (Sec. 1924 (3) BGB). Nina inherits nothing, because she is only related to Walter by marriage, not by blood. If Emma is a minor, the inheritance is usually managed for her by the parents with parental responsibility, here Nina after Daniel's death (Sec. 1626 (1), Sec. 1680 (1) BGB).

... siblings or half-siblings inherit

Sabine is unmarried and has no children, and her parents have died. She has a brother, Markus, who has the same parents, and a half-sister, Lisa, who only has the same father. Sabine leaves €120,000. The calculation is made by lines (Sec. 1925 (3) BGB): the father's half, €60,000, is shared by Markus and Lisa, €30,000 each. The mother's half, €60,000, goes to Markus alone. Markus therefore inherits €90,000 and Lisa €30,000.

... the parents are divorced

The divorced spouse inherits nothing. Without a new marriage, the children inherit alone, including children from different relationships in equal shares. If the deceased remarried, the new wife inherits alongside all the children, half under the community of accrued gains.

Stepchildren, foster children, unmarried partners: no statutory right of inheritance

Stepchildren and foster children are not descendants and only inherit after an adoption. Unmarried partners without marriage or a registered civil partnership have no statutory right of inheritance. Only a will or a contract of inheritance helps here.

Children born outside marriage and adopted children

• Children born outside marriage today inherit from their father and mother in the same way as children born within marriage; Sec. 1924 BGB makes no distinction. Transitional rules apply to older cases: if the testator died before 1 July 1970, the old law continues to apply (Art. 12 Sec. 10 (1), Sec. 27 NEhelG). A child born outside marriage before 1 July 1949 who, before 29 May 2009, had no statutory right of inheritance from their father can claim compensation for the value from the Federation or the federal state if the state has become heir (Art. 12 Sec. 10 (2) NEhelG).
• Children adopted as minors acquire the legal status of a child of the adoptive parent (Sec. 1754 BGB). The relationship to their biological relatives ends; in the case of adoption by a step-parent, only the relationship to the other biological parent ends (Sec. 1755 BGB).
• People adopted as adults inherit from the adoptive parent, but not from the adoptive parent's relatives. The relationship to their biological family continues (Sec. 1770 (1) and (2) BGB). In exceptional cases, the family court can, on application, determine that the effects of an adoption of a minor apply, for example if the adopted person was already taken into the family as a minor (Sec. 1772 (1) BGB).

Who inherits if there is nobody? The state

If there are neither relatives nor a spouse or civil partner, the federal state in which the deceased last lived inherits, otherwise the Federation (Sec. 1936 BGB). The same applies if all heirs have disclaimed. The state cannot disclaim and is only liable with the estate, as described in the guide Disclaiming an inheritance.

A death without a will: what to do now

1. Look for a will: Check documents and the home. Anyone who finds a will must deliver it to the probate court (Nachlassgericht, a department of the local court) without delay (Sec. 2259 (1) BGB).
2. Clarify the shares: Establish who belongs to the family and who has already died. The table above gives an initial orientation.
3. Keep the disclaimer in mind: If the estate is over-indebted, you can disclaim within 6 weeks of learning of it, or within 6 months if the deceased's last residence was only abroad or you are abroad when the period begins (Sec. 1944 BGB). After that, the next person in line inherits. Everything else is in the guide Disclaiming an inheritance.
4. Apply for a certificate of inheritance: Without a will, heirs usually prove their right of inheritance to banks and the land registry with a certificate of inheritance (Erbschein, Sec. 2353 BGB). When you need one and what it costs is explained in the guide Applying for a certificate of inheritance.
5. Organise the community of heirs: Several heirs manage the estate jointly (Sec. 2038 (1) BGB) and can only dispose of it jointly (Sec. 2040 (1) BGB). Each of them may take necessary measures of preservation alone. Each co-heir can demand that the estate be divided (Sec. 2042 (1) BGB).

Until it is divided, the estate belongs to all heirs jointly (Sec. 2032 (1) BGB). Disputes often arise over the sale, letting or use by one co-heir; an early agreement on who takes over what and how it is valued helps.

Intestate succession, wills and the compulsory share

Intestate succession can be changed by a will or a contract of inheritance (Sec. 1937, 1941 BGB). Disinherited children, spouses and, if there are no children, parents can, however, claim the compulsory share, half of the statutory share of the inheritance (guide Compulsory share); siblings cannot. If spouses appoint each other as sole heirs in a Berlin will, the children are disinherited on the first death and entitled to a compulsory share. A will is worthwhile above all if intestate succession does not fit the family, for example in the case of unmarried partners, stepchildren or married couples without children.

Deaths with an international element

For deaths since 17 August 2015, within the EU the inheritance law of the state in which the deceased last had their habitual residence generally applies (Art. 21 (1), Art. 83 (1) EU Succession Regulation, EuErbVO). Nationality alone is therefore not decisive. In a disposition upon death, anyone can choose the law of the state of which they are a national (Art. 22 EuErbVO). If the deceased lived abroad or there are assets abroad, get advice before you act.