Question 1

How long does the inheritance process typically take in Germany?

Accepted Answer

The timeline varies depending on the complexity of the estate. A straightforward estate with a clear will, no disputes, and assets held entirely in Germany can often be settled within three to six months. More complex estates — involving multiple heirs, contested wills, business interests, or assets abroad — typically take one to two years. The issuance of the Erbschein (certificate of inheritance) by the probate court (Nachlassgericht) is usually the first major milestone and can take four to twelve weeks on its own.

Question 2

What is an Erbschein and do I always need one?

Accepted Answer

An Erbschein is an official certificate issued by the German probate court confirming who the legal heirs are and in what shares. Banks, land registries, and other institutions typically require it before releasing assets or transferring property. You may not need one if the deceased left a notarised will or inheritance contract (Erbvertrag) that clearly names the heirs — some institutions accept a certified copy of the will together with the court's opening record. We advise on whether an Erbschein is necessary in your specific situation.

Question 3

What happens if there is no will?

Accepted Answer

If the deceased left no valid will, German intestate succession law (gesetzliche Erbfolge) applies. Assets pass to heirs in a defined order of priority: spouse and children first, then parents and siblings, and so on. The surviving spouse's share depends on the matrimonial property regime in place. Intestate succession can lead to unexpected outcomes — for example, estranged relatives may inherit, or a surviving partner in an unmarried relationship receives nothing. We can advise on your rights and the steps to take.

Question 4

Can I refuse an inheritance?

Accepted Answer

Yes. Under German law you have six weeks from the moment you learn of the inheritance to formally disclaim it (Ausschlagung) before the probate court or a notary. The deadline extends to six months if you are abroad at the time. Disclaiming is irrevocable and means you are treated as if you never inherited — which can be important if the estate carries significant debts. We strongly recommend legal advice before disclaiming, as the decision affects the entire line of succession.

Question 5

How are your legal fees structured?

Accepted Answer

Our fees are based on the Rechtsanwaltsvergütungsgesetz (RVG), Germany's statutory fee schedule for lawyers, which ties fees to the value of the estate. For complex matters — contested wills, multi-jurisdictional estates, or ongoing litigation — we may agree on a time-based or fixed-fee arrangement. We provide a clear fee estimate at the outset of every engagement so there are no surprises. Initial consultations are charged at a flat rate.

Question 6

Are there court or notary fees on top of legal fees?

Accepted Answer

Yes. The probate court charges fees for issuing the Erbschein and processing the estate, also calculated on the estate's value under the Gerichts- und Notarkostengesetz (GNotKG). If a notary is involved — for example to certify a disclaimer or draft a deed of partition — notary fees apply separately. Inheritance tax (Erbschaftsteuer) is a further cost depending on the relationship between the deceased and the heir and the value of the estate. We provide a full cost overview at the start of your matter.

Question 7

Is there inheritance tax in Germany?

Accepted Answer

Yes. Germany levies Erbschaftsteuer on inheritances above certain tax-free allowances. The allowance for a surviving spouse is €500,000; for each child, €400,000; for grandchildren, €200,000; and for more distant relatives or unrelated heirs, €20,000. Tax rates range from 7% to 50% depending on the relationship and the value above the allowance. Certain assets — such as a family home passed to a spouse or children who continue to live in it — may qualify for exemptions. We work alongside tax advisors to minimise your liability.

Question 8

Which law applies when the deceased lived abroad or owned assets in multiple countries?

Accepted Answer

Since August 2015, EU Succession Regulation 650/2012 applies across most EU member states. As a general rule, the law of the country where the deceased was habitually resident at the time of death governs the entire estate — including assets in other EU countries. However, the deceased may have made a valid choice-of-law declaration in their will selecting the law of their nationality instead. Non-EU countries (such as the UK, Switzerland, or the USA) are not bound by the Regulation and apply their own conflict-of-law rules. We advise on which law applies and coordinate with local counsel where needed.

Question 9

I live outside Germany but inherited German property. What do I need to do?

Accepted Answer

You will need to establish your status as heir under German law — typically by obtaining an Erbschein or a European Certificate of Succession (ECS). The ECS is a standardised document valid across all EU member states and is often more practical for international heirs than a national Erbschein. Once your heirship is established, the property can be transferred in the German land register (Grundbuch). We handle the full process remotely and can liaise with German notaries and land registry offices on your behalf.

Question 10

What is the European Certificate of Succession?

Accepted Answer

The European Certificate of Succession (ECS) is an official document issued under EU Succession Regulation 650/2012. It confirms who the heirs, legatees, executors, or administrators of an estate are and is recognised in all EU member states without further formality. It is particularly useful when an estate spans multiple EU countries, as it avoids the need to obtain separate national certificates in each jurisdiction. German courts and notaries can issue an ECS where the German courts have jurisdiction over the estate.

Question 11

What does the asset liquidation process involve?

Accepted Answer

Liquidation covers the identification, valuation, and orderly disposal of estate assets — typically real property, business interests, vehicles, financial accounts, and personal effects. The process begins with a full estate inventory (Nachlassverzeichnis). Assets are then valued, either by the heirs' agreement or by independent appraisers. Real property is usually sold through an estate agent or, where heirs cannot agree, through a court-ordered partition sale (Teilungsversteigerung). We coordinate the entire process and ensure proceeds are distributed correctly among the heirs.

Question 12

What happens if heirs cannot agree on how to divide the estate?

Accepted Answer

Where heirs cannot reach agreement, the estate remains in a community of heirs (Erbengemeinschaft) — a form of joint ownership that can become costly and contentious over time. Any heir can apply to the court for a partition sale of real property (Teilungsversteigerung), which typically realises a lower price than a private sale. We strongly recommend attempting a negotiated settlement first. We represent heirs in mediation and, where necessary, in litigation to resolve disputes efficiently and protect your share of the estate.

Common Questions

The Inheritance Process

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