What happens when a relative of mine in Germany passes away? The death of a loved one typically represents a difficult time for all concerned. However, it is even more complicated when the probate and estate proceedings are to take place in another country. In some cases, you and your family member may not have had a particularly close relationship. This may make this process even more difficult. Nonetheless, you will require assistance in gathering the necessary information in Germany. Next, you will require help in taking the steps to properly protect your German inheritance.
When it comes to a probate or inheritance matter that takes place in Germany, there are different problems that typically arise and can be quite distinctive from inheritance matters in the United States. At Jackson Law International, our team of attorneys consists of lawyers both in the United States and Germany. Most are fluent in English and German and have the experience necessary to guide you through your German inheritance matter.
This article is designed to give you a brief overview of particular distinctions and typical steps during the process. We have listed a brief summary of some areas of German inheritance law as a first point of guidance.
Last Will
The first and one of the most important questions to ask is if the deceased person has created a will. In German a will is know as a “Testament”. In Germany, the formal requirements for a will to be legally effective are quite simple. A German will might be very brief in length. Moreover, it does not have to list any objects that are part of the estate. It may be created under German law through a document that either must be completely handwritten by the testator or notarized. In some cases, you might even encounter different conflicting wills, all created by the testator. This situation can turn the legal process of dissecting the actual line of succession into a laborious one.
Another important thing to know is that not every person mentioned in the will is necessarily an heir. Heirs have to be declared as such, and sometimes conflicts can arise when there is ambiguity about what the deceased intended in his will. Our attorneys can help you through the process of understanding the will in accordance with German inheritance law and what it means for the line of succession.
Line of Succession Without a Will in Germany
The German inheritance system has provisions in place for cases where the deceased did not create a legally effective will. This process is knowns as “gesetzliche Erbfolge”.
If the deceased was married and has descendants, the surviving spouse usually gets one-half (50%) of the estate, except when a prenuptial agreement exists that may provide otherwise. If the deceased does not have any descendants of his own, that share increases – with the spouse being entitled to either three-quarters (75%) or the entirety (100%) of the estate.
After subtracting the spouse’s share, the remainder of the inheritance is divided between relatives of the deceased. The general construction of the legal line of succession under German law is that the descendants are the inheritors, with every child receiving an equal share. If one of the children is already deceased, their children (the grandchildren of the deceased) are entitled to that share of the estate with that share being equally split between them.
Conversely, if the deceased does not have any (living) descendants, the parents are the inheritors. However, if one of the parents is already deceased, their children (the siblings of the deceased) are entitled to that share of the estate, with that share being equally split between them. If the siblings are also deceased, their children (the nephews or nieces of the deceased) are entitled to that share of the estate with that share being equally split between them. If both parents are dead and have no other (living) descendants, the same pattern is to be applied to the grandparents.
Joint Heirs in Germany
When the deceased has named multiple heirs in his will or where there are multiple heirs due to the legal line of succession in the absence of a will, the rules of so-called “joint heirs” (“Erbengemeinschaft”) apply. In simplified terms, the joint heirs get co-ownership of the estate. They can usually only exercise joint control over the assets. Therefore, as the German law often requires all parties to cooperate, the process for handling estate matters when there are multiple heirs may be particularly arduous – even without a language barrier.
Mandatory Inheritance Share in German Inheritance Law
German law has a mechanism in place that is intended to protect family lines. Children – and in some cases their descendants – are entitled under German law to what is called a mandatory share of the inheritance. This is known as a “Pflichtteil” or “Pflichtteilsanspruch”. This is so even if they are not mentioned as heirs or even if they are disowned in the deceased’s will. They do not become heirs but can claim from the estate a sum that usually amounts to half of what they would be entitled to if there was no will or disownment.
Inheritance Certificate
Under German law, the successor is usually required to present a certificate of inheritance (“Erbschein”) to handle estate matters. Even for the process of merely monitoring and evaluating the assets the deceased has left behind, a certificate of inheritance is usually necessary. In fact, banks or other business partners will usually demand proof of inheritance. The process of obtaining the certificate usually requires communication with the German district court (“Amtsgericht”). This court is located in the district where the deceased has passed away.
In such an instance where successors live abroad, two challenges arise. One concerns the duration of responses and their delivery. The second concerns communication in a foreign language for the district court case workers. These issue often cause frustration for American heirs. Navigating the challenges of the German court system and language barriers for both you and the court’s case workers can pose a significant problem. However, our attorneys can help you with the process of obtaining the certificate,
Berlin Will
A special but very common type of will under German law is the so-called “Berlin will” (“Berliner Testament”). This type of will derives its nickname from initially being widely used in the Berlin area. However, it has since spread to be one of the most common types of will in every part of Germany. In simplified terms, the Berlin will provides that married couples, who may or may not share their assets with each other during their lifetime, name each other as their respective first successor, but also that their children automatically become subsequent heirs once both spouses have passed. There are special provisions in place for wills like these, as they are much harder to revoke than regular wills.
Subsequent Heir
The testator may provide in his will that after his successor dies the remaining estate is automatically inherited by a third person. This third person is know as a subsequent heir (“Nacherbe”). This may limit the successor’s options in handling the estate. It can also produce all kinds of issues arising from this limitation. Our attorneys can guide you through this specific process of evaluating your best options under German inheritance law.
Experienced Attorneys in German Inheritance Law
Jackson Law International is pleased to present its German attorneys. Jackson Law International’s German attorneys are located in three distinct offices in Germany. The German Bar has authorized these attorneys to practice law, and, as such, they are known as “Rechtsanwälte.” The integration of these Rechtsanwälte into Jackson Law International allows us to provide a pleasant, competent, and trustworthy international collaborative representation of our clients where borders play no role.
As a result of their legal training, our attorneys have particularized knowledge concerning, and contacts within, the German legal system. More importantly, Jackson Law International is intimately familiar with probate and estate litigation in Germany. All of these German attorneys are fluent in the English language, ensuring that you will be represented competently.
However, throughout your case, you will have a U.S.-based attorney to communicate with should questions arise. This option will not exist if you simply hire a German law firm with no international framework in place.
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We encourage you to contact our firm to discuss your options regarding your matter.
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