Estate in Germany - Nachlass in Deutschland

General Information

How to obtain a Certificate of Heirship

Certificate of Heirship Questionnaire

Additional Information in Restitution Matters

Renouncement of Succession Form

German Law of Inheritance: Intestate Succession

General Information
According to German law, the estate located in Germany of a decedent underlies the principle of 'universal succession,' meaning that the heirs become owners of the decedent's estate upon his death. The succession is determined either by law or by disposition in contemplation of death. (The executor or trustee of an estate, as envisioned in Anglo-American law, is basically unknown to German law)

However, heirs have to prove their title of succession by a Certificate of Inheritance ("Erbschein") which is required for the heir(s) to dispose of real estate or bank assets. It is issued by a German surrogate's court ("Nachlassgericht"). This court is usually located at the last residence of the decedent or, if he had no residence in Germany, it is determined by the location of assets of the estate.

For the issuance of the Erbschein, it is mandatory that at least one of the heirs - under special circumstances also the executor or the trustee as named in an Anglo-American will - applies for the certificate by giving an affidavit/declaration in lieu of oath. This application may be filed with the Nachlassgericht directly (if there are heirs in Germany), a German "Notar" (notary) or through the German Missions abroad. The applicant usually applies in the name and on behalf of all heirs. He/she does not need a power of attorney to apply in their names.

How to obtain a Certificate of Heirship
1. The applicant has to provide all information necessary in advance, to enable the Embassy / Consulate General to draft a formal application. Therefore, please use the prepared questionnaire (.pdf). We recommend that you enclose copies of all documents proving the right to inherit (e. g. last will, letters testamentary, death certificates, birth certificates, marriage certificates etc.)

2. The Embassy / Consulate General will prepare the application document and contact the applicant as soon as the application is drafted to set up an appointment for the applicant to appear at the Embassy / Consulate General and to sign the document in due form. As German is the official language in Germany, the text of the application will be put forward only in German. If the applicant does not understand German, the consular agent will explain the contents of the paper to the applicant and translate it orally. If he/she wants to have an English translation of the application, the applicant will be responsible for all costs incured by a translation.
We recommend that the applicant shows all the original documents of which copies were provided with the questionnaire (.pdf) during this appointment. The Embassy / Consulate General will notarize the copies, so the Nachlassgericht in Germany receives a complete application with the pertinent documents enclosed.

3. The applicant will receive the original and a first certified copy of the application. The original should be kept in the applicant's possession, the first certified copy should be sent to the competent Nachlassgericht or the applicant's representative in Germany who will then forward it to the Nachlassgericht.

4. After having received the application, the Nachlassgericht will issue the Erbschein and forward it to the person named as recipient in the application.

In the course of the application, two fees will apply:

The Embassy / Consulate General will receive a fee for preparing the application including the affidavit. The minimum fee is Euro 30,- (in US $ according to the exchange rate on the day of the signing). The fee is to be paid in cash or by money order to the cashier of the Embassy / Consulate General at the day of the signing of the application. Upon prior confirmation, personal checks may be accepted in particular cases, while Credit Cards are not accepted.

Fees are based on the value of the estate. The applicant is required to provide detailed information about the value of the estate in Germany. (Please contact the land register ('Grundbuchamt') in Germany or your lawyer for further details on the value of real property.)

Additional Information in Restitution Matters
In restitution cases, the application for a certificate of inheritance has a standard fee of Euro 30,- or Euro 45,- if the applicant does not speak German.

The Erbschein will be issued by the Nachlassgericht free of charge only, if it is sent directly to the German office, dealing with the restitution claim ('Landesamt/Amt zur Regelung offener Vermögensfragen, abbreviated: LAROV or AROV). A notarized copy of the certificate however, may be sent to a representative or to the applicant himself/herself.

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