Category

European Probate

European ProbateGerman ProbateGerman Succession & Inheritance LawInternational Probate

German Elder Law Experts – Since 2003

GrafLegal focuses on International Probate, Estate Planning and Elder Law Overseas probate law expert Bernhard Schmeilzl, Esq. has 20 years of experience dealing with international estate matters between the USA and Europe. He runs the leading blogs www.internationalprobatelaw.com for American families with assets in Europe and www.GermanCivilProcedure.com which both provide practical information on estate planning, on how to obtain foreign probate, on how to draft wills which are valid in multiple jurisdictions and -- if it comes…
Bernhard Schmeilzl
August 28, 2019
Austrian ProbateEuropean ProbateGerman Probate

One Single Grant of Probate for all of Europe. Really?

What is a "European Certificate of Succession"? If someone dies who owned assets in more than one European country, a central question is whether the executor(s) or the inheritor(s) must take out separate grants of probate (letters of administration) in each European country where the deceased has held assets. Or whether there is the option of applying for one single Grant which could then be used to administer the respective estates in all European countries? Where…
Bernhard Schmeilzl
February 28, 2019
Austrian ProbateEuropean ProbateGerman ProbateGerman Succession & Inheritance LawGerman Tax LawInheritance Law SwitzerlandSwiss Probate

International Probate USA and Europe

Is a USA Grant of Probate valid in Europe? No, it is not. If a US citizen who passed away has owned assets in Europe, then the US executor (or their US probate lawyer dealing with this international estate) will have to obtain separate grants of probate (or letters of administration) in each and every European country where the decedent held assets. A grant issued by a U.S. probate court is of no use in…
Bernhard Schmeilzl
January 28, 2019
European ProbateGerman ProbateGerman Succession & Inheritance LawInternational Probate

Which German Court has jurisdiction for a Probate Application?

Submitting the German Probate Application to the wrong court will cause months of delay If the deceased had owned assets in Germany, you will need to apply for a separate German grant. Grants issued by a British probate registry or a United States probate court are useless in Germany. As we have explained in our post “How to apply for a German Grant of Probate”, German institutions (land registry, banks, insurance companies etc) as well…
Bernhard Schmeilzl
January 22, 2019
Austrian Inheritance LawAustrian ProbateEuropean Probate

Probate in Austria: What is “Todesfallaufnahme”?

The first practical step when applying for an Austrian Grant of Probate is completing the Todesfallaufnahme questionnaire In the previous posts How to Access Assets in Austria? and How to deal with Assets in Austria we have already explained the relevant Austrian succession laws and probate regulations. In this new post, we show what practical step needs to be taken in order to start the Austrian probate procedure. Contact the competent Austrian probate court Under…
Bernhard Schmeilzl
November 24, 2018
European ProbateGerman ProbateGerman Succession & Inheritance LawInternational ProbateLitigation in GermanyWills and Succession Planning

How to speed up German Probate Applications

Avoid common mistakes in your application for a German grant of probate (Erbschein) The basics of the German non-contentious probate procedure are explained in the post How to apply for German Probate. There you can also find an example of what a genuine German grant, i.e. the “Erbschein” (certificate of inheritance) looks like. For those who want to dig deeper and get really technical about German probate, we now examine the central statutes of German…
Bernhard Schmeilzl
October 26, 2018
Austrian Inheritance LawAustrian ProbateEuropean ProbateGerman LawGerman ProbateGerman Succession & Inheritance Law

Basics of German Inheritance Law (German Probate)

German Succession Rules and Probate Proceedings explained German inheritance law as well as German probate rules differ very much both from UK law as well as USA probate. Under German statutory law, there are many formal requirements which must be followed. A good source for initial informationis about the law of succession in Germany (or any other European country for that matter) is the official EU website "Successions in Europe". It answers a few basic questions…
Bernhard Schmeilzl
October 10, 2012