German Inheritance Law for Expats: What Foreign Heirs Need to Know

German inheritance law operates on principles that are fundamentally different from the common law systems in the US, UK, Canada, or Australia. The two biggest shocks for English-speaking families: heirs inherit debts automatically, and close relatives cannot be fully disinherited. Understanding these rules before you make any decisions about a German estate can save you from financial disaster.

Universal Succession: You Inherit the Debts Too

Under §1922 of the German Civil Code (BGB), the estate passes to the heirs automatically at the exact moment of death. There is no executor, no estate administrator, and no probate process that buffers the transfer. Everything — bank accounts, property, personal belongings, and all outstanding debts — becomes the heirs' responsibility instantly.

This is universal succession (Universalsukzession), and it's the single most dangerous feature of German inheritance law for unprepared families. If the deceased had €30,000 in savings and €80,000 in debts, the heirs are personally liable for the €50,000 shortfall. Their own assets are on the line.

Renouncing an Inheritance (Erbausschlagung)

The standard way to reject an overindebted estate is to formally renounce the inheritance. This requires a notarised declaration filed at the probate court (Nachlassgericht) or submitted with a certified signature.

The deadlines are strict and non-negotiable:

• 6 weeks in the standard case
• 6 months if the deceased's sole permanent residence was outside Germany at death or the heir was outside Germany when the period began

The clock starts when the heir learns of the death and their right to inherit. Miss the deadline, and the inheritance — debts included — is accepted automatically. If the deadline is close or has passed, seek specialist advice about any available liability-limitation route.

The renunciation fee starts at €30 under the GNotKG, scaling upward with estate value. For heirs abroad, the declaration can be submitted through a German consulate or a foreign notary with the required legalisation.

Before renouncing, investigate the estate thoroughly. Request bank balance statements, check for life insurance policies, and review the deceased's financial records. Renunciation is all-or-nothing — you can't keep the apartment and reject the debts. And once filed, it cannot be reversed.

Forced Heirship: You Can't Fully Disinherit Family

Even if a will explicitly excludes a spouse or child, German law guarantees them a mandatory statutory share (Pflichtteil). This is a monetary claim — not a share of the estate assets — equal to half of what they would have received under intestate succession.

For example, if the deceased had two children and one spouse, intestate law gives the spouse 50% and each child 25%. A disinherited child's Pflichtteil would be 12.5% of the estate's net value, payable in cash.

The Pflichtteil claim doesn't happen automatically — the excluded family member must actively demand it. A specialist should confirm the applicable deadline and calculation.

Community of Heirs (Erbengemeinschaft)

When there are multiple heirs, they form an Erbengemeinschaft — a joint ownership block where disposition of estate assets generally requires joint action by all heirs. No single heir can withdraw money from an account, sell property, or terminate a contract independently of the other co-heirs.

For international families spread across different countries and time zones, this creates gridlock. One unresponsive sibling can freeze the entire estate for months. Formal estate distribution requires an Auseinandersetzungsvertrag (distribution agreement) signed by all heirs, or a court-ordered division if agreement is impossible.

Which Country's Law Applies?

For multi-jurisdictional estates, the EU Succession Regulation can create conflict-of-law issues. Which country's law applies is fact-specific and should be confirmed by a specialist; do not assume that German law or the home country's law governs every asset.

When You Need a Specialist Lawyer

A Fachanwalt für Erbrecht (specialist inheritance lawyer) becomes essential when:

• The estate may be overindebted and you've already missed the renunciation deadline — a lawyer can structure liability limitation through estate administration (Nachlassverwaltung) or insolvency
• Assets are in multiple countries and conflict-of-law rules need sorting
• A forced heirship claim is being contested
• Co-heirs disagree and the Erbengemeinschaft is deadlocked

For straightforward, uncontested estates, the process can be handled administratively — the main cost is the Erbschein court fee, not lawyer fees.

The Someone Died in Germany: English Speaker's Emergency Guide explains each of these inheritance rules in plain English, with decision flowcharts for the renunciation question and a timeline tracker for every legal deadline.

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