🇩🇪 Country guides

Cross-border inheritance in Germany

How German succession works in cross-border estates: the EU Succession Regulation, the compulsory share (Pflichtteil), the certificate of inheritance, and inheritance tax.

LG
The LawyerGo Team
· 7 min read
Cross-border inheritance in Germany

German succession law is principled and protective, and the cross-border rules turn on residence and nationality.

Which law applies

Under the EU Succession Regulation, the law of the deceased’s habitual residence usually governs the estate, unless the deceased chose the law of their nationality in the will.

The compulsory share

German law cannot fully disinherit close family: children, a spouse and sometimes parents are entitled to a compulsory share (Pflichtteil) — a monetary claim worth half the value of their statutory intestate share.

Process and certificate

Heirs often need a certificate of inheritance (Erbschein) from the probate court to deal with assets, and the European Certificate of Succession helps abroad. Inheritance tax (Erbschaftsteuer) applies with allowances scaled to the relationship.

For foreign families

A verified German colleague can confirm the applicable law, quantify any Pflichtteil claim, and obtain the Erbschein.

Allowances and procedure change — confirm with admitted German counsel.

LG
The LawyerGo Team
Editorial

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