Your Lawyer for Estate Administration
in Germany
I am here to assist you if you need to administer and solve an Estate in Germany
Welcome to Your Expert for the Administration of
Estates in Germany
Welcome to Our Website!
Inheriting an estate in Germany can be an emotional and complex experience, especially when you're living abroad or unable to personally manage the process. Many challenges arise: bureaucratic hurdles, unfamiliar legal regulations, and the sheer distance between you and the location of the estate can make handling matters efficiently feel overwhelming. Whether you’re living outside of Germany, don’t speak the language, or simply don’t have the time to travel, I am here to support you in navigating the estate administration smoothly and securely.
Managing an estate in Germany from abroad doesn’t have to be stressful. I understand that for many, it’s not just about the legal details, but also the practicalities of handling everything from afar. You might feel unable to take time off work, reluctant to engage emotionally due to the nature of the inheritance, or unsure of how German inheritance laws apply. Whatever your situation, you can trust me to take care of it for you.
Your Key Benefits at a Glance:
1. Complete Estate Administration from A to Z:
You don’t need to travel to Germany or deal with complicated paperwork in a foreign language. I handle every legal step on your behalf—from accepting the inheritance to distributing the assets to beneficiaries. You can rest assured that everything will be taken care of while you remain in your home country.
2. Local Expertise and Representation:
With years of experience in German inheritance law, I will act as your trusted representative on-site. My deep knowledge of local procedures and legal systems ensures that your interests are protected at every stage, making the process as seamless as possible.
3. Legal Assurance in All Aspects of the Process:
From applying for the certificate of inheritance to communicating with German banks and authorities, as well as handling any tax matters that arise, I provide comprehensive legal support. My goal is to ensure your rights are fully respected and that your inheritance is settled in an efficient and legally sound manner.
4. Tailored Legal Advice Based on Your Unique Needs:
Whether you're dealing with a small estate or a complex inheritance, I offer personalized advice that is clear, practical, and focused on your individual situation. No matter where you are located, I’ll make sure that every step is explained in plain English and suited to your specific requirements.
Additional Benefits for You:
- Save Time and Avoid Stress:
You won’t need to take a leave of absence from work, make costly trips to Germany, or spend time dealing with unfamiliar paperwork. With my help, you can avoid the unnecessary hassle and focus on what matters most to you.
- Transparent Communication:
I’ll keep you updated regularly throughout the process, ensuring you know exactly what’s happening with your case. Any questions or concerns you have will be addressed promptly, and you’ll never feel left out of the loop.
- Trustworthy Legal Handling:
I manage every detail with precision, ensuring that you don't encounter any unexpected legal complications. You can rely on my experience and expertise to protect your inheritance and ensure that everything is handled according to German law.
Contact Me Today!
Take advantage of my expertise and let me take the burden off your shoulders. You can easily get in touch by filling out the contact form or calling me directly to discuss your specific situation. Together, we will find the best way to settle your estate efficiently and with the least amount of stress for you. And of course we speak English!
Estate administration throughout Germany
We support you with everything.
Administration of the certificate of
inheritance procedure.
Dissolution of the estate.
Settlement with estate creditors.
Closure of accounts and transfer of the money to your account, sale of real estate.
How to manage an Inheritance in Germany
Managing an Estate in Germany until the transfer of the last Cent that is Yours
Managing an Inheritance in Germany: What You Need to Know
If you've inherited property or assets in Germany, there are several important steps that need to be taken to properly settle the estate. Handling these matters from abroad can feel overwhelming, especially if you're unfamiliar with German inheritance law, but with the right guidance, the process can be managed smoothly and efficiently.
1. Accepting or Declining the Inheritance:
The first crucial step after learning that you have inherited is deciding whether to accept or decline the inheritance. In Germany, you have **six weeks** from the moment you become aware of the inheritance to make this decision. This timeframe is critical, particularly in cases where the estate might involve debts. If there’s a risk that the debts exceed the assets, you may want to consider declining the inheritance, which is a formal legal process.
Many heirs assume that inheritance automatically means receiving assets and wealth, but in some cases, the estate may come with significant financial liabilities. If you don’t formally decline the inheritance within the six-week period, you are legally considered to have accepted it, along with any associated debts. A legal professional can help you assess the risks and guide you through the process of either accepting or renouncing the inheritance.
2. Applying for a Certificate of Inheritance (Erbschein):
If you choose to accept the inheritance, the next key step is often obtaining a Certificate of Inheritance (Erbschein). This document is issued by the local probate court (Nachlassgericht) and serves as official proof of your status as an heir. The Erbschein is essential for carrying out many estate-related tasks, such as accessing bank accounts, selling property, or conducting legal transactions on behalf of the estate.
Applying for an Erbschein can be a complex process, particularly for heirs who live outside of Germany. You may be required to submit various documents, including proof of identity, the deceased's death certificate, and details about the will, if one exists. Additionally, if there are multiple heirs involved, you will need to coordinate the application with them, which can add to the complexity. In many cases, hiring a lawyer who can handle these formalities on your behalf will save time and prevent potential missteps.
3. Managing and Distributing the Estate:
Once the inheritance is accepted and the Erbschein is obtained, the real work of managing the estate begins. This involves several tasks, including:
- Securing and valuing the assets: It’s important to ensure that all assets, such as property, bank accounts, and personal belongings, are properly secured and valued. This can include anything from ensuring that a family home is protected to making sure that valuable items like jewelry or artwork are appraised accurately.
- Settling debts: Any outstanding debts of the deceased must be paid out of the estate before the assets can be distributed. This can include everything from unpaid bills to larger debts like mortgages. If there isn’t enough cash available, it may be necessary to sell property or other assets to cover these liabilities.
- Distributing the estate to co-heirs: If there are multiple heirs, the estate will need to be divided according to German inheritance law or the terms of the will. This can sometimes lead to disagreements among heirs, particularly if the will is unclear or assets must be liquidated to achieve an equitable distribution.
As part of this process, the heirs will also need to address any tax implications, particularly inheritance tax (Erbschaftsteuer). In Germany, the amount of inheritance tax depends on the value of the estate and the relationship between the deceased and the heir. Spouses and children typically benefit from higher tax exemptions, while more distant relatives or unrelated heirs may face higher tax rates. Understanding how inheritance tax works and ensuring compliance with tax laws is another area where legal expertise is invaluable.
4. Legal Assistance and Representation:
Handling the administration of an estate is often a lengthy and detailed process, especially when you’re not familiar with German law. As an heir living abroad, it’s essential to have a legal representative in Germany who can manage these matters on your behalf. A knowledgeable attorney can handle every step of the process, from obtaining the Erbschein to coordinating the distribution of assets, negotiating with co-heirs, and ensuring that all legal and tax requirements are met.
For example, imagine inheriting a property in Germany but not being able to travel due to personal or work commitments. An experienced lawyer can oversee the sale of the property, communicate with real estate agents, and ensure that the proceeds are distributed correctly according to German law. Furthermore, they can represent you in any negotiations or disputes that may arise, protecting your interests even when you're not physically present.
Similarly, if there are multiple heirs involved, an attorney can help facilitate communication and ensure that everyone’s rights are respected. In some cases, co-heirs may disagree on how the estate should be divided or managed, particularly if the assets include valuable real estate or investments. A legal representative can mediate these disputes and help avoid protracted legal battles, which can be costly and stressful.
5. Dealing with Emotional Aspects:
Inheriting from a loved one often carries emotional weight, and this can make the process of settling the estate even more difficult. Many people find it hard to engage with the legal and financial aspects of inheritance, especially when dealing with grief. Having a lawyer handle these responsibilities allows you to focus on the personal side of the process, knowing that the legal aspects are being managed professionally and efficiently.
Get in Touch with Us:
Handling an inheritance from abroad doesn’t have to be stressful. I’m here to assist you with every aspect of the process, ensuring that your rights are protected and that the estate is handled efficiently and in full compliance with German law. Whether you need help with the initial decision of accepting the inheritance or assistance in managing and distributing the assets, I’m ready to help.
Complete the contact form on this website or call me directly to discuss your situation. Together, we’ll find the best way to manage the inheritance and avoid unnecessary complications or stress. And I love to speak English with you!
The main problem with an inheritance
in Germany for foreigners: No Executor is appointed by the probate court (unless foreseen in the last will)!
The responsibility is with the heirs themselves!
Navigating Inheritance in Germany: Understanding Estate Administration for Anglo-American Clients
As an English-speaking attorney practicing in Germany, I understand that navigating the intricacies of German inheritance law can be challenging, particularly for clients from Anglo-American legal backgrounds. The concept of inheritance and estate administration differs significantly between these legal cultures. This article aims to provide clarity on the process of estate administration in Germany, especially for those who have inherited assets in this country.
The Role of Executors in Anglo-American Law
In the Anglo-American legal tradition, the role of an executor is well-defined. When a person passes away, the executor is typically responsible for managing the deceased's estate, ensuring debts are settled, and distributing assets to beneficiaries. This role includes handling everything from filing the will to selling property and closing accounts. Executors serve as the central figure in the administration of an estate, making the process relatively straightforward for beneficiaries.
The German Perspective: No Automatic Executor
In contrast, German inheritance law does not automatically appoint an executor to manage the estate. Under German law, the responsibility for administering the estate primarily falls on the heirs, unless the deceased has explicitly designated a "Testamentsvollstrecker" (executor) in their will. If no such designation exists, heirs must navigate the process themselves.
This difference in approach can be surprising for clients accustomed to the Anglo-American system. In Germany, the absence of a designated executor means that heirs must be proactive in managing the estate, which includes:
- Gathering Information: Heirs must collect relevant documents, including the will, property titles, bank statements, and any other information pertaining to the estate.
- Notifying Relevant Parties: It’s crucial to inform banks, creditors, and government agencies of the death, especially if there are accounts or debts in the deceased's name.
- Handling Debts: Heirs are responsible for settling any debts owed by the deceased, which may require negotiating with creditors.
- Distributing Assets: Ultimately, it falls to the heirs to ensure that assets are distributed according to the deceased’s wishes as outlined in the will or according to the laws of intestate succession if no will exists.
Importance of a Will in Germany
In Germany, having a clear will is essential to avoid complications during the estate administration process. A will can help:
- Designate specific heirs and their shares.
- Appoint an executor if desired.
- Outline preferences for the handling of particular assets or debts.
Without a will, the estate will be administered according to the German laws of intestate succession, which may not align with the deceased's wishes. This is a crucial consideration for Anglo-American clients who may have different expectations regarding inheritance.
The Role of an Attorney in Estate Administration
Given the complexities of estate administration in Germany, hiring an attorney can be invaluable. Here’s how I can assist you in the process:
1. Comprehensive Estate Management: I can help navigate all aspects of estate administration, from gathering necessary documentation to communicating with financial institutions and tax authorities. My goal is to ensure that you don't have to travel to Germany to handle these matters personally.
2. Understanding German Laws: I can explain the intricacies of German inheritance law, helping you understand your rights and obligations as an heir. This knowledge is vital for making informed decisions throughout the administration process.
3. Negotiating with Creditors: If there are debts associated with the estate, I can negotiate with creditors on your behalf, ensuring that your interests are protected.
4. Tax Considerations: Estate taxes in Germany can be complex. I can guide you through the tax implications of the inheritance and help ensure compliance with local regulations.
5. Document Preparation: I can prepare necessary legal documents, including applications for certificates of inheritance, notifications to relevant parties, and the distribution of assets.
6. Executor Appointments: If desired, I can assist in the appointment of an executor to manage the estate on your behalf, providing peace of mind that your interests are being represented.
Conclusion
Understanding the differences between the Anglo-American and German approaches to estate administration is crucial for anyone dealing with an inheritance in Germany. While the absence of an automatic executor may seem daunting, with the right legal assistance, you can navigate the process smoothly and efficiently.
If you find yourself in the position of managing an estate in Germany, I am here to help. My services are tailored to ensure that you can address the complexities of estate administration without the need for frequent travel. Together, we can ensure that the wishes of the deceased are honored, and the estate is settled according to German law.
Please feel free to reach out for a consultation. I look forward to assisting you with your estate administration needs in Germany.
German Inheritance Law - an overview
Here you will find information about German inheritance law, particularly on points that may be unfamiliar or unclear to you as someone from the Anglo-American legal system.
The compulsory share (Pflichtteil)
Limited time to renounce the inheritance.
The holographic will (Privattestament)
Unlimited personal liability for debts of the testator.
German Inheritance Law in a Nutshell
German Inheritance Law – An Overview for Heirs from the Anglo-American Legal System
German inheritance law differs significantly from the regulations in the Anglo-American legal system. If you are a foreigner inheriting in Germany or have assets in Germany to be inherited, you will likely face a number of legal challenges. This article provides a comprehensive overview of the basic principles of German inheritance law and highlights the differences that may be unfamiliar or confusing for heirs from the Anglo-American cultural sphere. We will cover topics such as the compulsory share, the statutory inheritance rights of spouses and relatives, types of wills, the unlimited liability of heirs, the role of executors, the European Succession Regulation, and inheritance tax.
1. Key Features of German Inheritance Law
German inheritance law is regulated by the German Civil Code (BGB). Essentially, there are two ways in which an inheritance can be distributed: through statutory inheritance or by a testamentary disposition (a will or inheritance contract). Unlike the Anglo-American legal system, where an “executor” is commonly appointed to manage the estate, German inheritance law does not automatically assign such a role. A testamentary executor (Testamentsvollstrecker) is only appointed if explicitly stated in the will. In cases of statutory inheritance, the heirs themselves manage the estate.
2. The Compulsory Share (Pflichtteil)
A significant feature of German inheritance law, which may surprise heirs from the Anglo-American legal system, is the compulsory share. This law protects certain statutory heirs from being completely disinherited. Even if the testator excludes certain people – for example, children or spouses – in their will, these individuals still have a legal claim to a minimum share of the estate.
The compulsory share is typically granted to descendants (children), the spouse, and, if there are no descendants, the parents of the deceased. The compulsory share amounts to half of the statutory inheritance entitlement and is paid out in cash. This means that the entitled individual has a claim against the heirs for a sum of money equal to half of their statutory inheritance share. The compulsory share cannot be excluded, except in very rare cases, such as severe misconduct by the beneficiary.
3. Statutory Inheritance Rights of Spouses and Relatives
Statutory inheritance law in Germany governs who inherits when no will has been made. The statutory inheritance follows a system of parenteles, which divides heirs into different classes. The first class consists of the descendants of the deceased, including children, grandchildren, and great-grandchildren. The second class includes the parents of the deceased and their descendants, such as siblings, nieces, and nephews. Only if no heirs from the first or second class exist will other relatives be considered.
The spouse has a special position. They inherit alongside the relatives of the first and second classes and receive different portions of the estate depending on the degree of relatedness of the co-heirs. If the couple lived in the statutory property regime of community of gains (Zugewinngemeinschaft), the spouse’s legal inheritance share is increased by one-quarter, regardless of whether any actual gains were made during the marriage.
The spouse’s legal inheritance share is as follows:
• Alongside heirs of the first class (children): one-quarter of the estate, plus an additional quarter for the marital property regime (Zugewinnausgleich), resulting in half of the estate.
• Alongside heirs of the second class (parents, siblings) or grandparents: half of the estate.
• If there are no heirs of the first or second class, the spouse inherits the entire estate.
These legal regulations can be modified by a will or inheritance contract, but the compulsory share remains applicable to eligible heirs.
4. Types of Wills
There are different types of wills in Germany. The most common forms are the holographic will and the notarial will. Both have different requirements and legal effects.
• Holographic Will: A holographic will must be entirely handwritten and signed by the testator. It must also include the date and place of its creation to ensure validity. This form of will can be made without legal assistance but carries the risk of being challenged or invalidated if it contains formal errors or if there are doubts about the testator’s mental capacity.
• Notarial Will: A notarial will is drawn up in front of a notary and offers the advantage of legal certainty. The notary ensures that all formal requirements are met and that the testator’s final wishes are clearly and legally documented. A notarial will is kept at the probate court and cannot be lost or overlooked.
There are also other special forms of wills, such as an emergency will (Nottestament), which can be made in the presence of three witnesses under extraordinary circumstances if the testator is unable to create a formal will.
5. Unlimited Liability of Heirs
Another key aspect of German inheritance law that differs significantly from Anglo-American law is the unlimited liability of heirs. In Germany, by accepting the inheritance, heirs not only receive the assets of the deceased but also assume responsibility for any liabilities. This means that heirs are personally liable for the deceased’s debts with their own private assets, not just the estate’s assets.
In the Anglo-American legal system, it is often possible to accept an inheritance “with reservation,” meaning liability is limited to the estate. However, in German law, there is no option to accept the inheritance with such a limitation. Once the inheritance is accepted, the heir is fully liable.
What happens if it later turns out that the estate is insolvent?
In many cases, the decision to accept the inheritance is made before the heirs have a full understanding of the financial situation of the deceased. If it later emerges that the estate is insolvent, there are legal mechanisms available to limit liability, but these procedures are complex and time-consuming.
• Insolvency of the Estate: If the estate is insolvent, heirs can file for insolvency of the estate. In this case, the estate assets are placed in an insolvency procedure, and creditors are paid in accordance with insolvency regulations. Heirs are then only liable for the estate’s debts, not their personal assets.
• Plea of Poverty (Dürftigkeitseinrede): If the estate is not insolvent but has very limited assets, heirs can raise the plea of poverty. This option restricts their liability to the estate’s assets rather than their personal wealth. However, this option is only available under certain conditions and requires a thorough review of the estate.
Both procedures – estate insolvency and the plea of poverty – must be actively initiated by the heirs and are not automatically applied. Heirs must recognize early on that the estate’s assets may not be sufficient to cover all liabilities and take the necessary legal steps.
6. The Executor (Testamentsvollstrecker)
A significant difference between German and Anglo-American inheritance law is the role of the executor (Testamentsvollstrecker). In the Anglo-American legal system, an executor is typically appointed to manage the estate and ensure the deceased’s wishes are fulfilled. In Germany, this role only exists if it is explicitly stated in the will. In cases of statutory inheritance, there is no executor; the heirs are collectively responsible for managing the estate.
The executor in Germany has extensive responsibilities and is required to secure, manage, and ultimately distribute the estate. The executor’s duties and powers are outlined by the will or by law. The executor acts as a trustee for the heirs and must account for all actions taken. In complex estates or international inheritance cases, an executor can be invaluable in ensuring that the estate is properly administered and in preventing disputes among heirs. In practice, this is especially relevant when there are multiple heirs who disagree or when the estate includes significant assets, possibly spread across several countries.
7. The European Succession Regulation (EU-ErbVO)
For many heirs from the Anglo-American legal system, the European Succession Regulation (EU-ErbVO) is of great importance. This regulation determines which national inheritance law applies when the deceased owned assets in multiple EU countries. The EU-ErbVO stipulates that the law of the country in which the deceased had their habitual residence at the time of death generally applies.
This means that even if a British or American citizen has assets in Germany, German inheritance law may apply if the deceased had their habitual residence in Germany. However, testators can opt to apply the law of their nationality to their entire estate by including a specific choice of law in their will. This can be particularly useful for heirs from the Anglo-American legal system who may be unfamiliar with German law.
The EU-ErbVO applies in all EU member states except Denmark and Ireland. It can also be relevant for non-EU citizens who own assets in the EU or reside there.
8. Inheritance Tax
Unlike some countries that do not impose inheritance tax, Germany levies an inheritance tax on inherited assets. The amount of inheritance tax depends on the value of the estate and the relationship between the heir and the deceased.
There are different tax classes:
• Tax Class I: Spouses, children, and grandchildren;
• Tax Class II: Siblings, nieces, nephews, and step-parents;
• Tax Class III: All other individuals, including non-relatives.
The tax exemptions and rates vary depending on the tax class. Spouses have an exemption of 500,000 euros, children have an exemption of 400,000 euros, while more distant relatives or non-relatives only have an exemption of 20,000 euros. The tax rate increases with the value of the estate and ranges from 7% to 50%.
Inheritance tax can be particularly problematic for real estate, as property values often increase significantly over time, but liquidating the property to pay the tax can be challenging. In such cases, it is advisable to seek early tax planning advice.
Conclusion
German inheritance law differs significantly from Anglo-American inheritance laws in many ways. The compulsory share, statutory inheritance rights, types of wills, the role of executors, the European Succession Regulation, and inheritance tax are key areas that can be unfamiliar and complicated for foreign heirs. Moreover, the concept of unlimited liability of heirs, unlike the more restricted liability in Anglo-American law, adds further complexity.
If you are a foreigner who has inherited in Germany or you have assets in Germany that you wish to bequeath, it is advisable to seek legal advice early. An experienced attorney can help protect your rights, manage the estate properly, and avoid potential tax pitfalls. Whether you are applying for a certificate of inheritance, managing the estate, or determining compulsory share rights, professional support is crucial to ensure your inheritance case is handled smoothly and in accordance with the law.
Contact us today to discuss your situation. Together, we can find the best way to manage and resolve your estate in a stress-free and legally sound manner.
What does it cost to hire a lawyer to adminster and close an estate in Germany?
Attorney's Fees in Estate Administration
The fees of an attorney in estate administration are determined by various factors and can be calculated in different ways. Often, the fee is established according to the German Attorney's Remuneration Act (RVG), which is based on the value of the estate, also known as the dispute or subject value.
Alternatively, the attorney and client can also agree on an individual fee arrangement, which may be based on an hourly rate or a flat fee. This method offers transparency and planning certainty, especially in complex inheritance cases where the effort is difficult to estimate.
In any case, the attorney will clarify the fee structure in the initial consultation and provide a clear cost estimate. This helps avoid misunderstandings and allows the client to keep track of expenses. A transparent fee agreement gives you the assurance that you know exactly which services will be provided and under what conditions they will be billed.
Your Questions
Our Answers
Here you can return to the homepage, where you will find all legal areas, languages, contact forms, and FAQs.
Some legal information
Here you will find the information we wish to provide to help you understand your rights. If you cannot find something you think should be here, please feel free to contact us. We have taken great care to include guidance on each of our pages so that you don’t have to search for long.
Wir benötigen Ihre Zustimmung zum Laden der Übersetzungen
Wir nutzen einen Drittanbieter-Service, um den Inhalt der Website zu übersetzen, der möglicherweise Daten über Ihre Aktivitäten sammelt. Bitte überprüfen Sie die Details in der Datenschutzerklärung und akzeptieren Sie den Dienst, um die Übersetzungen zu sehen.