Category

German Probate

Estate PlanningGerman ProbateGerman Succession & Inheritance LawInternational Probate

Adopted in the US? Why Your German Inheritance Is on Hold

How to Access the German Estate of your Adoptive Parent: A Practical Guide The German Inheritance Law Situation if Your Adoptive Parent Owned German Assets You were adopted as a child in the USA (or another non-EU country) many years or even decades ago and you quite naturally think of your adoptive parents as your "real parents". Sadly, one of your adoptive parents has now passed and that parent owned property or has held a…
Bernhard Schmeilzl
October 23, 2026
Conveyancing GermanyEstate PlanningEuropean ProbateGerman ProbateGerman Real Estate LawGerman Tax LawInternational Probate

Why You Should Sell Inherited German Property Within 12 Months from the Date of Death

German Inheritance Tax on Property If you inherit real estate located in Germany, it is generally subject to German inheritance tax (Erbschaftsteuer). Whether you actually have to pay tax in Germany depends on the total value of the estate (Erbmasse) and your familial relationship to the deceased (Verwandtschaftsverhältnis). However, a potential German tax liability always looms. How the German Tax Authorities Value Property The German tax office (Finanzamt) assesses the property through a specialized department…
Bernhard Schmeilzl
October 20, 2026
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateInternational Litigation

SJE Reports on German Law for English Courts

Experienced German Lawyers provide Expert Reports in Matters of German Law for Litigation in the UK In many legal disputes before the courts in England and Wales – ranging from cross-border commercial litigation, international family law cases, to inheritance and probate matters – the way in which German law governs certain facts of a case may become relevant at one point or another. From the perspective of an English judge, this foreign law aspect of…
Bernhard Schmeilzl
October 2, 2026
Business in GermanyEmployment Law GermanyEuropean ProbateFamily LawGerman Citizenship and ImmigrationGerman ProbateInternational Divorce Cases

Moving to Germany changes applicable Divorce and Inheritance Laws

Expats from Britain or the United States should be aware of the unique rules that apply to divorce or the death of a family member while living in Germany. When businesses think about expanding to Germany and sending UK or US staff to Europe, they usually obtain tons of advice about visas, work permits, German employment law and the practical issues of relocating from an Anglo-American country to Germany. What rarely occurs to anyone are…
Bernhard Schmeilzl
September 16, 2026
Estate PlanningGerman ProbateGerman Succession & Inheritance LawInternational Probate

Which German Probate Court to Apply to?

How to find the correct probate registry in cross-border inheritance cases Germany has 638 County Courts (Amtsgerichte), each of which has a probate department (Nachlassgericht). In order to obtain a German grant of probate (Erbschein), the applicant must address the right one, namely the County Court which has local jurisdiction (örtliche Zuständigkeit).  This is the first aspect which any local probate registrar (Rechtspfleger) in Germany checks, because it is an easy way of getting an…
Bernhard Schmeilzl
December 30, 2025
Business in GermanyConveyancing GermanyEstate PlanningFamily LawGerman Corporate LawGerman ProbateGerman Real Estate LawGerman Succession & Inheritance LawGerman Tax LawProperty in GermanyWills and Succession Planning

How to transfer German property to your children or grandchildren tax free

Estate planning in Germany by way of a property management partnership (vermögensverwaltende Personengesellschaft, Familiengesellschaft) If you own (or have inherited) property in Germany, it makes sense from a German tax mitigation perspective to transfer some or all of it to your children or grandchildren during your lifetime. In fact, as early on as possible. Because this allows you to take advantage of the high German gift and inheritance tax allowances multiple times. One particularly efficient…
Bernhard Schmeilzl
January 7, 2025
Conveyancing GermanyEstate PlanningGerman ProbateGerman Succession & Inheritance LawWills and Succession Planning

How to mitigate German Gift and Inheritance Tax by way of Niessbrauch (usufruct, life interest, reservation of benefit)

Why German estate planners and tax lawyers love the tool "lifetime gift with a reserved life interest" Any German testator who has offspring and who owns a significant estate and therefore asks their German tax lawyer about estate planning advice on how to transfer the family wealth onto the next generation without paying unneccessary German gift tax or inheritance tax, will, inter alia, be proposed to make use of the standard German estate planning tool…
Bernhard Schmeilzl
October 4, 2024
Conveyancing GermanyEuropean ProbateGerman ProbateGerman Succession & Inheritance LawInternational ProbateProperty in Germany

Can an inheritance in Germany become time-barred?

How long do I have to claim a German inheritance? In international succession and probate cases, it is not unusual that one or more beneficiaries cannot be found for quite some time, either because they have left Germany many years ago and have not stayed in touch with their family, so nobody knows where they now live. Or because the heirs (especially if intestacy rules apply) are very distant relatives, for example third degree cousins,…
Bernhard Schmeilzl
July 3, 2024
German ProbateGerman Succession & Inheritance LawGoing to courtInternational Probate

What is a Vorbescheid in German probate proceedings?

German probate registry "announces" the content of the grant to be issued The standard German grant is called Erbschein, i.e. certificate of inheritance. In contrast to grants in common law jurisdictions, such an Erbschein does not name executors or administrators. Instead, the german Erbschein specifies the "heirs", i.e. the beneficiaries and - if more than one - their respective shares in the German estate. How to apply for a German grant of probate is explained…
Bernhard Schmeilzl
April 30, 2024