Category

International 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 Inheritance LawAustrian ProbateGerman ProbateGerman Succession & Inheritance LawInternational Probate

International Probate Law – German Lawyers for Americans with Assets in Europe

Specialist Lawyers for the Administrations of Estates in Germany, Austria, Switzerland and England American families with assets in central European countries will find all they need to know about estate planning, creating living wills in Europe, probate proceedings and inheritance tax (also called estate tax or death tax) on the website InternationalProbateLaw.com, provided by the international probate law experts of Graf Legal LLP, a firm that specialises in German-American law since 2003. Many U.S. families…
Bernhard Schmeilzl
July 30, 2019
German ProbateGerman Succession & Inheritance LawGerman Tax LawInternational Probate

German Inheritance Tax Forms

Where to download the official German Estate and Gift Tax Forms If an estate comprises German assets or if a beneficiary to an estate is resident in Germany, then German inheritance tax ("Erbschaftsteuer") must be paid. Depending on the circumstances of the case, this German estate tax is levied either on the entire global estate of the deceased or at least on the portion of the estate which was gifted to the beneficiary who is…
Bernhard Schmeilzl
February 25, 2019
German ProbateGerman Succession & Inheritance LawInternational Probate

How to get out of a German Community of Heirs

What is a German Erbengemeinschaft (Community of Heirs)? Under German succession laws and probate rules, if there is more than one heir (Erbe), these co-heirs (Miterben) automatically form a so called Erbengemeinschaft (community of heirs), see section 2032 German Civil Code. We have explained the legal nature of the German Erbengemeinschaft in this post here. Such a community of heirs can be compared to a business partnership where assets (i.e. the estate of the deceased) are…
Bernhard Schmeilzl
February 8, 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
German LawGerman ProbateGerman Succession & Inheritance LawGoing to courtInternational Probate

German Grant of Probate not always necessary

Since the 2016 landmark ruling by the German Federal Court of Justice, beneficiaries (heirs) to a German estate may be able to entirely avoid German probate proceedings. Even if there is just a handwritten will. If a decedent who owned assets in Germany died intestate, a German grant (ERbschein) is unavoidable. But if he or she has made any kind of German will, chances are that formal probate proceedings may not even be necessary to…
Bernhard Schmeilzl
December 17, 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
German ProbateGerman Succession & Inheritance LawInternational Probate

How to Limit the Personal Liability of Executors and Beneficiaries in German Probate Cases

Using "Public Creditor Notification" (Aufgebotsverfahren) to restrict liability to the funds available in the German estate Under German succession laws, a beneficiary (Erbe) is personally liable for the debts of the decedent, i.e. if the debts of the deceased exceed the value of the estate then the beneficiaries must pay the remaining debts out of their own pockets. More here.   Obviously, no beneficiary in his or her right mind wants that result (except for…
Bernhard Schmeilzl
August 9, 2018
Austrian ProbateGerman LawGerman ProbateGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

German Probate: What to do if a beneficiary (co-heir) cannot be found?

Does anyone know where Great-Granduncle Fritz lives? In some probate cases (Nachlassverfahren), especially if a decedent had no children, no surviving spouse and no surviving siblings, the next of kin cannot be located, either because the relevant persons have died so long ago that the closest living relatives of the testator can’t be identified (e.g. died in the war) or because they have moved to another country and nobody knows their whereabouts. Even if only…
Bernhard Schmeilzl
August 7, 2018
German LawGerman ProbateGerman Succession & Inheritance LawInternational Probate

Entangled in German Probate Proceedings?

Renounce Inheritance against Compensation Payment In this post, we reveal a simple trick how to be released from the duties and obligations of being a German co-heir while still obtaining a portion of the German estate. The buzzwords are "Verpflichtung zur Ausschlagung gegen Abfindung", i.e. contract to renounce a German inheritance against compensatory payment (make-up pay). Background: The Basics of German Probate and Estate Administration In previous posts, we have explained German succession rules, the…
Bernhard Schmeilzl
August 7, 2018