FAQ — German Inheritance Law for Heirs Living Abroad

Question 1

I live abroad and just received a letter about an inheritance in Germany. What should I do first?

Accepted Answer

Do not ignore it, and do not sign anything you do not fully understand. Forward the letter and any attachments to us. We translate the key points, explain your position and outline the next steps — usually within 48 hours.

Question 2

Do I have to travel to Germany to settle the inheritance?

Accepted Answer

In most cases, no. We obtain the Certificate of Inheritance and deal with courts, notaries, banks and tax offices on your behalf. You provide documents and instructions from your home country.

Question 3

What is a German Certificate of Inheritance (Erbschein)?

Accepted Answer

The Erbschein is the official German document proving who the heirs are and what share each receives. Banks, land registries and insurers require it before releasing assets. We prepare the court application and obtain it for you.

Question 4

Will German inheritance tax apply to me?

Accepted Answer

German inheritance tax depends on the value of the German assets and your relationship to the deceased, not only on where you live. Substantial allowances exist, particularly for spouses and children. We calculate the exposure and structure the estate to reduce it.

Question 5

Which law applies if the deceased lived in Germany but I live elsewhere?

Accepted Answer

That depends on the deceased's last habitual residence, nationality and any choice of law made in a will. Germany generally applies the law of the last habitual residence, but EU regulations and treaties can change the result. We analyse this in every case.

Question 6

Can I refuse an inheritance if the estate has debts?

Accepted Answer

Yes, but the deadline is short: six weeks from knowledge of the inheritance, or six months if you live abroad. Missing it can make you personally liable for estate debts. This is the most common reason to contact us immediately.

Question 7

What does 'full service' actually mean here?

Accepted Answer

We handle the entire matter: reviewing documents, tracing assets, obtaining probate, settling debts and taxes, transferring or selling property and distributing the net inheritance. One contact, in English, throughout.

Question 8

How long does the process take?

Accepted Answer

Straightforward cases can close in a few months. Complex estates, contested wills, missing documents or real estate sales can take a year or more. You receive a realistic timeline before we begin.

Question 9

What does it cost?

Accepted Answer

The first enquiry and initial assessment are free. After that you receive a written fee proposal — usually a fixed fee or a fee based on the German statutory schedule — before any billable work starts.

Question 10

What does estate administration in Germany mean?

Accepted Answer

Estate administration covers every legal and organisational step needed after a death: securing the assets, identifying the heirs, settling debts and liabilities, dealing with the tax office and finally distributing what remains to the heirs.

Question 11

What is the first step after a death?

Accepted Answer

Report the death to the local registry office (Standesamt) and obtain the German death certificate. Almost every further step — banks, land registry, probate court, tax office — requires it, usually in several certified copies.

Question 12

Do I have to accept the inheritance, or can I refuse it?

Accepted Answer

You may accept or disclaim. A disclaimer must be declared within six weeks of learning of the inheritance — six months if you live abroad. If you do nothing, the inheritance is deemed accepted, including its debts.

Question 13

What happens if the estate has debts?

Accepted Answer

Heirs become personally liable for estate debts once they accept. Before deciding, the estate should be assessed carefully; German law also offers protective options such as estate administration (Nachlassverwaltung) or estate insolvency to limit liability to the estate itself.

Question 14

What is the role of an executor?

Accepted Answer

An executor (Testamentsvollstrecker) carries out the deceased's last will. They administer the estate, settle obligations and distribute the assets to the heirs, who cannot dispose of the estate freely while the executorship lasts.

Question 15

Do I need a Certificate of Inheritance?

Accepted Answer

Usually yes. The Erbschein, issued by the probate court, is the official proof of who the heirs are. Banks and land registries generally require it — although a notarised will with a court opening record is sometimes accepted instead.

Question 16

How long does estate administration take?

Accepted Answer

It depends on the complexity of the estate. Straightforward cases can be closed in a few months; estates with real property, foreign heirs, disputes or missing documents can run for a year or more.

Question 17

Who pays the funeral expenses?

Accepted Answer

Funeral costs are borne by the estate. If the estate is insufficient, the persons obliged to maintain the deceased may have to pay — this obligation can remain even where the inheritance itself was disclaimed.

Question 18

Can I access the assets immediately as an heir?

Accepted Answer

Not usually. Banks release accounts only against a Certificate of Inheritance or an accepted notarised will. Until then the estate is frozen, which is why we apply for the necessary proof as early as possible.

Question 19

What should I do if there is a dispute among the heirs?

Accepted Answer

A community of heirs must act jointly, so disputes stall everything. Mediation or a negotiated partition agreement usually resolves matters faster and cheaper than litigation; if not, the courts decide.

Question 20

Do I need to inform the tax office about the inheritance?

Accepted Answer

Yes. The acquisition must be notified to the inheritance tax office within three months. Where heirs live in Germany the office often makes contact itself, but the notification duty remains with the heir — and abroad it is regularly overlooked.

Question 21

How is inheritance tax calculated?

Accepted Answer

Tax depends on the value of the estate and your tax class, which follows your relationship to the deceased. Each class has its own allowance and rate band. You can model your own figures in our inheritance tax calculator.

Question 22

What happens to real estate in the estate?

Accepted Answer

Property forms part of the estate and must be valued for tax purposes. The heirs decide together whether to sell, let or keep it, and the land register must be corrected — which requires the Certificate of Inheritance.

Question 23

Can I accept only part of the inheritance?

Accepted Answer

No. German law does not permit partial acceptance: you take the estate as a whole, assets and liabilities alike, or you disclaim it entirely.

Question 24

What is the compulsory share, and who is entitled to it?

Accepted Answer

The compulsory share (Pflichtteil) is a guaranteed minimum for close relatives such as children and spouses, even where a will excludes them. It amounts to half the value of the statutory share and is a monetary claim against the heirs.

What heirs abroad ask us first

Handling an estate in Germany — step by step

Still unsure where you stand?

What heirs abroad ask us first

01I live abroad and just received a letter about an inheritance in Germany. What should I do first?

02Do I have to travel to Germany to settle the inheritance?

03What is a German Certificate of Inheritance (Erbschein)?

04Will German inheritance tax apply to me?

05Which law applies if the deceased lived in Germany but I live elsewhere?

06Can I refuse an inheritance if the estate has debts?

07What does 'full service' actually mean here?

08How long does the process take?

09What does it cost?

Handling an estate in Germany — step by step

01What does estate administration in Germany mean?

02What is the first step after a death?

03Do I have to accept the inheritance, or can I refuse it?

04What happens if the estate has debts?

05What is the role of an executor?

06Do I need a Certificate of Inheritance?

07How long does estate administration take?

08Who pays the funeral expenses?

09Can I access the assets immediately as an heir?

10What should I do if there is a dispute among the heirs?

11Do I need to inform the tax office about the inheritance?

12How is inheritance tax calculated?

13What happens to real estate in the estate?

14Can I accept only part of the inheritance?

15What is the compulsory share, and who is entitled to it?

Still unsure where you stand?