Bank Account Frozen After Death in Germany

When a German bank learns that an account holder has died, it generally restricts sole accounts and joint "and" accounts (Undkonto). A surviving holder of a joint "or" account (Oderkonto) may retain independent access, and a recognised post-mortem or trans-mortem power of attorney can preserve access without an Erbschein. Other account types are handled according to their ownership and mandate.

This happens because of German banking secrecy rules and the risk of paying the wrong person. And for English-speaking families who may not even know which banks the deceased used, it creates an immediate cash crisis at the worst possible moment.

How to Unfreeze the Accounts

There are three routes to accessing frozen bank accounts in Germany, ranked from fastest to slowest:

1. Post-Mortem Power of Attorney (Vollmacht) — Fastest

If the deceased set up a bank-specific power of attorney that extends beyond death, the authorised person can access accounts immediately. This comes in two forms:

• Transmortale Vollmacht: Valid during the person's life and continues after death
• Postmortale Vollmacht: Only becomes active after death

Either one can bypass the need for a probate court certificate. The authorised person presents the Vollmacht, death certificate, and their own ID; if the bank recognises the mandate, access can be restored without waiting for an Erbschein.

The problem: most people never set this up, and you can't create one after someone has died.

2. Notarised Will with Court Opening Protocol — Weeks

If the deceased left a notarised will (notarielles Testament) or inheritance contract (Erbvertrag), German banks are legally required to accept it as proof of heirship — but only after the probate court has officially opened it. The court issues an opening protocol (Eröffnungsprotokoll), which you present alongside the certified will.

This is often faster and cheaper than obtaining a full Erbschein, but timing depends on the probate court.

Important: handwritten wills (handschriftliches Testament) generally do not provide banks the standalone proof described here. An Erbschein may still be required.

3. Certificate of Inheritance (Erbschein) — Months

The Erbschein is the standard proof of heirship issued by the probate court (Nachlassgericht). It takes 2–6 months for straightforward cases, longer when heirs are abroad or inheritance is contested.

The application requires a notarised declaration in lieu of an oath (Eidesstattliche Versicherung) about the family tree and the absence of other claimants. Fees scale with the estate value under the GNotKG fee schedule — for example, a €100,000 estate costs €546 in court fees; a €200,000 estate costs €1,210.

For heirs living outside Germany, the declaration can sometimes be executed at a German consulate or embassy (signature certification fee: approximately €60) rather than travelling to Germany.

The Funeral Bill Exception

Even with frozen accounts, most German banks will release funds to pay for the funeral if the family presents:

• The original funeral director's invoice
• The medical death certificate (Todesbescheinigung)
• Proof of relationship to the deceased

This is an informal practice, not a legal right — but it's widely followed because funeral costs are a priority liability of the estate under German law. Ask the bank directly and bring the paperwork. If the first bank employee refuses, escalate to a branch manager.

Finding Unknown Accounts

If you don't know where the deceased banked, start with papers, mail, statements, insurance policies, and other records at the deceased's residence. Record each institution in the asset inventory and notify banks as you identify them.

Protecting Yourself

Remember that under German universal succession (§1922 BGB), heirs inherit both assets and debts. Before spending effort unlocking bank accounts, make sure the estate isn't overindebted. If debts exceed assets, you may want to disclaim the inheritance rather than inherit the liability. The disclaimer deadline is six weeks in the standard case, or six months if the deceased's sole permanent residence was outside Germany or you were outside Germany when the period began.

The Someone Died in Germany: English Speaker's Emergency Guide includes an asset inventory worksheet, a bank notification letter template, and the step-by-step process for obtaining an Erbschein from abroad.

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