Frequently Asked Questions about handling an estate in Germany

Questions and Answers on how to hanlde an estate or an inheritance case in Germany

What does estate administration mean?

 

Estate administration involves all the legal and organizational steps necessary to manage and distribute an estate after a person’s de

ath, including the settlement of debts.

 

What is the first step after a death?

 

First, you should report the death to the civil registry office (Standesamt) to obtain a death certificate. This certificate is required for all further steps in the estate administration process.

 

Do I have to accept the inheritance, or can I refuse it?

 

You have the right to either accept or refuse an inheritance. If you wish to refuse it, you must do so within six weeks of becoming aware of the inheritance; otherwise, it is considered accepted.

 

What happens if there are debts in the estate?

 

If debts are present, the heirs are responsible for these liabilities. It is advisable to carefully assess the estate to make an informed deci

sion about whether to accept or refuse it.

 

What is the role of an executor?

 

An executor ensures that the deceased’s last will is carried out. They manage the estate and oversee its distribution to the heirs.

 

Do I need a certificate of inheritance?

 

A certificate of inheritance is often required to prove your status as an heir, for example, when dealing with banks or land registry offices. It is issued by the probate court and confirms the status of the heirs.

 

How long does estate administration take?

 

The duration of estate administration varies and depends on the complexity of the estate. Simple cases can take a few months, while more complex ones can last for years.

 

Who pays the funeral expenses?

 

Funeral costs are paid from the estate. If the estate is insufficient, the heirs are responsible for the costs, even if they have refused the inheritance.

 

Can I access the assets immediately as an heir?

 

No, access to accounts and assets is usually only possible after presenting a certificate of inheritance or will. Banks require proper documentation for this.

 

What should I do if there is a dispute among the heirs?

 

In the case of inheritance disputes, mediation can help find an amicable solution. In more severe cases, legal proceedings may be ne

cessary, and the court will decide.

 

Do I need to inform the tax office about the inheritance?

 

If the heirs live in Germany, the inheritance tax office will contact them, usually after a respectful waiting period of 1 to 3 months. Inheritance tax may be due, depending on the size of the estate and the relationship to the deceased.

 

How is inheritance tax calculated?

 

Inheritance tax is calculated based on the value of the estate and the heir’s tax class. There are tax-free allowances that vary depending on the degree of relationship.

 

What happens to real estate in the estate?

 

Real estate is part of the estate and must be valued. The heirs decide together whether to sell, rent, or use the property themselves.

 

Can I accept only part of the inheritance?

 

No, a partial acceptance of the inheritance is not allowed. You must either accept or refuse the entire estate.

 

What is a compulsory share, and who is entitled to it?

 

The compulsory share is a legally guaranteed minimum portion of the inheritance that close relatives, such as children or spouses, are entitled to, even against the will of the deceased. It amounts to half of the statutory inheritance share.

 

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