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 only way to avoid inheriting debts is to formally renounce the inheritance. This requires a notarised declaration filed at the probate court (Nachlassgericht) or certified by a notary.

The deadlines are strict and non-negotiable:

• 6 weeks if the heir is in Germany
• 6 months if the heir lives outside Germany

The clock starts when the heir learns of the death and their right to inherit. Miss the deadline, and the inheritance — debts included — is yours permanently. There is no appeal, no extension, and no retroactive renunciation.

The renunciation fee starts at €30 under the GNotKG, scaling upward with estate value. For heirs abroad, the declaration can be filed through a German consulate.

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 must be asserted within three years of the heir learning about the death and the disinheriting will. It doesn't happen automatically — the excluded family member must actively demand it.

Community of Heirs (Erbengemeinschaft)

When there are multiple heirs, they form a Gemeinschaft — a joint ownership block where all decisions must be unanimous. No single heir can withdraw money from an account, sell property, or terminate a contract without the agreement of every other co-heir.

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?

Under the EU Succession Regulation (applicable since 2015), the inheritance law of the country where the deceased was habitually resident at the time of death generally applies to the entire estate — regardless of nationality or where assets are located.

If an American expat living in Munich dies without specifying a choice of law in their will, German inheritance law applies to everything: the Munich apartment, the US bank accounts, the UK pension. The deceased can override this by explicitly choosing the law of their nationality in a will (professio juris), but most expats never do this.

This creates situations where American families expect US probate rules to apply, only to discover that German forced heirship and universal succession govern the entire estate.

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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