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German inheritance

German ProbateGerman Succession & Inheritance LawInternational ProbateWills and Succession Planning

Sell Your Share in a German Estate — Even Before Probate

Renouncing the Inheritance Against Fair Financial Compensation If you have inherited in Germany but are not the only beneficiary, you may get tied up in the administration of such a German estate for years, because under German succession law, there is no personal representative (i.e. executor or administrator). Instead, the co-heirs (Miterben) deal with the estate themselves. Such a community of beneficiaries is called "Erbengemeinschaft". The practical problem: They have to work together and most…
Bernhard Schmeilzl
October 28, 2020
Civil actionGerman ProbateGerman Succession & Inheritance Law

Inheritance Disputes in Germany

Challenging a Will in Germany If you are involved in a German inheritance case and you have doubts whether a Will is valid, you can (and should) raise these issues with the German Probate Court (Nachlassgericht) as early as possible. You do not even have to initiate a form lawsuit in order to challenge the German will, because German Probate Courts are under the obligation to actively investigate the validity of the will. The court…
Bernhard Schmeilzl
September 24, 2020
German ProbateGerman Succession & Inheritance Law

How do you avoid to inherit debts in Germany?

Renounce the inheritance or apply for estate curatorship German succession laws contain a dangerous pitfall, the principle of universal and direct succession (the German legal buzzwords being: Universalsukzession and Direkterwerb). In contrast to the succession laws in Common Law jurisdiction, where the liability is automatically limited to the estate of the decedent, the default rule under German civil law is that heirs also inherit debts of the deceased - automatically! Direct and automatic succession means…
Bernhard Schmeilzl
April 24, 2020