Inheriting property, bank accounts, or a business in Germany can be a lengthy and unfamiliar process for heirs who live abroad or hold foreign citizenship. German succession law (Erbrecht) applies automatically to any estate located in Germany, or to a German citizen's estate anywhere, and it does not always match what heirs abroad expect from their home country's rules. This article explains the three issues foreign heirs run into most often: proving your status as an heir, the validity of a will drafted abroad or by a foreigner, and the forced heirship share that protects close relatives even if they were excluded from a will.
Who Inherits Under German Law
If the deceased left no valid will, the estate passes according to statutory succession (gesetzliche Erbfolge), based on a system of ranked orders (Ordnungen) set out in §§ 1924–1932 BGB:
- first order: children and their descendants;
- second order: parents of the deceased and their descendants (i.e., the deceased's siblings, nieces and nephews);
- third order and beyond: grandparents and more distant relatives, applied only if no closer heirs exist.
The surviving spouse inherits alongside the relevant order, with a share that depends on the couple's marital property regime — typically one quarter of the estate outright, plus a further quarter as a flat-rate settlement of the marital gain (Zugewinnausgleich) if the couple was married under the standard regime (Zugewinngemeinschaft), for a total of one half when inheriting alongside children.
Proving You Are the Heir: The Erbschein
Unlike some legal systems, German law does not require a court decision to transfer an estate to the heirs — ownership passes automatically at the moment of death (§ 1922 BGB, Universalsukzession). In practice, however, banks, land registries, and other institutions will usually insist on documentary proof of heir status before releasing assets or updating the land register.
The standard proof is a certificate of inheritance (Erbschein, § 2353 BGB), issued by the local probate court (Nachlassgericht) on application. Obtaining one typically requires:
- a certified copy of the death certificate;
- the will, if one exists, or evidence establishing the family relationship to the deceased for statutory succession;
- a sworn statement (Eidesstattliche Versicherung) about the existence of other potential heirs.
Heirs residing in another EU member state can, in cross-border cases, use a European Certificate of Succession (Europäisches Nachlasszeugnis) instead, which is recognized throughout the EU. For heirs from outside the EU, the German Erbschein generally remains the necessary document.
An Erbschein typically takes several weeks to several months to obtain, depending on the court's workload and how straightforward the family situation is — it's worth starting the application as early as possible, especially if a bank account or property needs to be dealt with.
Is a Foreign or Handwritten Will Valid in Germany?
German law recognizes several valid forms of a will:
- a handwritten will (eigenhändiges Testament, § 2247 BGB) — must be written and signed entirely by hand by the testator; a typed or computer-printed will is not valid in this form;
- a notarial will (öffentliches Testament, § 2232 BGB) — drawn up before a notary;
- a joint will of spouses (gemeinschaftliches Testament, § 2265 BGB), often structured as a "Berlin will" (Berliner Testament) naming the surviving spouse as sole heir and the children as final heirs.
A will validly made abroad under the law of the country where it was executed, or under the testator's nationality at the time, is generally recognized in Germany as well, under the Hague Testamentary Form Convention and EU Succession Regulation No. 650/2012 (for EU-domiciled testators). Even so, having a German lawyer review a foreign will before relying on it in a German succession case can avoid delays at the probate court.
The Forced Heirship Share (Pflichtteil)
German law does not allow a testator to fully disinherit certain close relatives. Descendants (children, and grandchildren if the children have already died), the spouse, and — if there are no descendants — the parents of the deceased are entitled to a forced heirship share (Pflichtteil, § 2303 BGB) even if they were excluded from the will entirely.
- the Pflichtteil is not a share of the estate itself, but a monetary claim against the heirs, equal to half of the statutory inheritance share the claimant would otherwise have received;
- gifts made by the deceased within the 10 years before death may also be taken into account, on a sliding scale reduced by 10% per year that has passed (Pflichtteilsergänzungsanspruch, § 2325 BGB);
- the claim must generally be asserted within 3 years of the heir learning of the death and of the disposition that excluded them (§§ 195, 199, 2332 BGB) — after that, it becomes time-barred.
Conclusion
Foreign heirs dealing with a German estate typically face three practical hurdles: establishing their status as heirs to the satisfaction of German institutions, confirming that a will made abroad or by hand will hold up in a German probate proceeding, and understanding whether a forced heirship claim is available if they were excluded from a will. We can help assess your position under German succession law, apply for an Erbschein, and calculate or assert a Pflichtteil claim where relevant.
This article is for general information only and does not replace individual legal advice.
This article is for general information only and does not replace individual legal advice.
