Erbschein Application from the United States: How US Heirs Apply

Why US Heirs Need an Erbschein

When a US citizen dies in Germany leaving bank accounts, investments, or property, German financial institutions will freeze those assets and refuse to release them to anyone without proof of inheritance. The standard proof is a German Certificate of Inheritance — the Erbschein.

American heirs often assume that a US probate court order or letters testamentary will be recognized in Germany. They are not. German institutions commonly require an Erbschein issued by a German Nachlassgericht (probate court) or another proof of authority they accept, such as a recognized Vollmacht; a US court cannot issue a German Erbschein.

The Erbschein is the standard document used to unlock frozen German bank accounts, transfer real property, and liquidate German-held assets. Some institutions may accept other proof, so confirm the bank's requirements before assuming an Erbschein is the only route.

Which Court Has Jurisdiction

German probate jurisdiction depends on where the deceased had their last habitual residence (gewohnlicher Aufenthalt), not where they died.

If the deceased lived in Germany: The local Amtsgericht (district court) for the municipality where they were registered has jurisdiction. Every German municipality falls within a specific Nachlassgericht, and the Bestatter or a local notary can identify the correct one.

If the deceased was visiting Germany but lived in the United States: The competent court is the Amtsgericht Schöneberg in Berlin. This court has special jurisdiction over estates of non-residents who leave assets in Germany — it serves as the catch-all probate venue for deceased persons with no habitual German residence. The mailing address is Amtsgericht Schöneberg, Grunewaldstraße 66-67, 10823 Berlin.

This jurisdictional rule catches many American families off guard. A US citizen who died in Munich but lived in Ohio does not file with a Munich court — the filing goes to Berlin.

How to Apply from the United States

US-based heirs cannot simply mail a form to the German probate court. The application requires an in-person sworn statement (eidesstattliche Versicherung) — an oath affirming the facts of the inheritance — taken before a German authority. For heirs physically in the United States, there are two pathways:

Option 1: German Consulate in the United States. The heir schedules an appointment at the nearest German Consulate General (New York, Los Angeles, Chicago, Houston, San Francisco, Miami, Boston, Atlanta, or the Embassy in Washington, DC). At the appointment, the consular officer administers the sworn statement and notarizes the application documents. The consulate then transmits the authenticated application to the competent Nachlassgericht. Processing commonly takes several months.

Option 2: German notary (if the heir can travel). If an heir travels to Germany, they can visit a German notary (Notar) directly. The notary prepares the Erbschein application, takes the sworn statement in person, and files it with the court. This is faster — the notary handles everything in one appointment — but requires physical presence in Germany.

Required Documents

The Nachlassgericht requires a substantial documentation package. US-issued documents generally must be presented as originals or certified copies, with Hague apostilles and sworn German translations; the German Sterbeurkunde is submitted as the court requires:

• Death certificate (Sterbeurkunde) — the official German civil registration certificate, not the medical Todesbescheinigung
• Birth certificate of the deceased — with apostille from the issuing US state's Secretary of State, plus sworn German translation
• Marriage certificate (if the deceased was married) — apostilled and translated
• Divorce decree (if applicable) — apostilled and translated
• The deceased's will (if one exists) — the original or a certified copy. If it is a US will, it must be apostilled and accompanied by a sworn German translation
• Birth certificates of all heirs — apostilled and translated
• Proof of death registration (Sterbeurkunde, already listed above, serves this purpose)
• The sworn statement (eidesstattliche Versicherung) — listing all known heirs, confirming no other heirs are known, and confirming whether a German will or inheritance contract exists

The apostille and translation work can add substantial time. Each US vital record must be apostilled by the Secretary of State of the state that issued the document — a birth certificate from California requires a California apostille, a marriage certificate from New York requires a New York apostille.

Cost

The Erbschein fee is statutory and scales with the gross value of the estate. Consular and attorney fees are additional and vary, so ask the competent court, consulate, or professional for the current amount.

Some banks may accept alternative proof of inheritance — such as an original will with a court-issued opening protocol (Eröffnungsprotokoll) — without requiring a full Erbschein. This is bank-specific and not guaranteed, but it is worth asking before committing to the application process.

Timeline

From filing the completed application (after all apostilles and translations are in hand) to receiving the issued Erbschein, allow roughly 2 to 6 months. Complex or contested cases can take longer.

The most common delay for American applicants is the document preparation stage — gathering apostilles from multiple US states and commissioning sworn German translations. Many families spend more time preparing the application than the court spends processing it.

A Critical Warning About Timing

Applying for an Erbschein is legally treated as an acceptance of the inheritance. Once you file the application, you can no longer disclaim the inheritance (Erbausschlagung). This matters because German universal succession transfers debts alongside assets — if the deceased owed more than they owned in Germany, the heirs inherit those debts automatically.

Before filing for an Erbschein, verify the estate's financial position. If there is any possibility that liabilities exceed assets, consult a German attorney or file the Erbausschlagung first. The disclaimer deadline for non-residents is six months from learning of both the death and the entitlement to inherit.

The American Dies in Germany — Family Emergency Guide includes a step-by-step Erbschein application checklist, apostille tracking worksheets, and guidance on when to disclaim instead of accepting a German estate.