Which is the competent authority?
Who should I contact?
Last update: 10/3/2012
The procedure falls within the jurisdiction of the succession court ( Amtsgericht – Nachlassgericht ) of the deceased’s last place of residence. All applications (issuing of a certificate of inheritance, declarations relating to the renunciation of the succession, etc.) may be covered by an authentic instrument drawn up by a civil law notary. In the case of international successions, the court has, in principle, jurisdiction for all the deceased’s assets irrespective of the place where they are located (principle of the unity of the succession).
Detailed information
What are the rules on international jurisdiction:
- In relation to the property of a foreign or non-foreign national?
Undisputed inheritances (opening of the will, issue of the certificate of inheritance, etc.) come under the jurisdiction of the German courts if the last domicile or last residence of the deceased was located in Germany (§ 343 par. 1er, § 105 Law on procedure in family matters and voluntary jurisdiction; Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit = FamFG). They also have jurisdiction if the deceased was a German national at the time of his/her death or if the property to be inherited is located on national territory (§ 343, par. 2 and 3 FamFG).
- In relation to the assets of the deceased if located abroad?
Where the German courts have jurisdiction because of the domicile, residence or nationality of the deceased, their jurisdiction also extends to property located abroad.
Which authority is responsible for the succession procedure?
The inheritance procedure comes under the material jurisdiction of the probate court (“Amtsgericht – Nachlassgericht”). The territorial jurisdiction is in principle determined by the place of the last domicile or last residence of the deceased (§ 343 par. 1er FamFG).
How and by whom is the succession procedure instigated?
An automatically instigated inheritance procedure covering all the elements of the settlement of an inheritance does not exist. The list of heirs and the certificate of executor are only issued on request. On the other hand, a will must be automatically opened when the probate court has certified the death of the deceased (§ 348 FamFG).
How is the heir’s capacity checked?
The list of heirs is used in principle as proof with respect to third parties (§§ 2353 ss. German Civil Code; Bürgerliches Gesetzbuch = BGB, 352 s. FamFG). In order to obtain it, the heir must in particular state the basis of his/her inheritance entitlement, and if applicable present the notarial deeds and affirm the veracity of other information with a declaration, which substitutes for an oath in the probate court or even with a civil law notary.
If the devolution of the estate is based on a will or a contract of inheritance, it is sufficient to present them to third parties together with the report on their opening by the court.
Must or can an inventory of the estate be drawn up?
An inventory of the estate can be drawn up in order to limit the liability of the heirs (§§ 1993 ss. BGB), or be requested by the forced heir (§ 2314 BGB). It should be noted that outside these scenarios, an inventory is neither compulsory nor customary.
Is there a system regarding the administration of the succession?
The administration of the inheritance by the public authorities is not stipulated. An heir or creditor of the estate may, however, request the opening of an insolvency procedure for the inheritance (§§ 1975, 1980 BGB) or the administration of the inheritance (§§ 1975, 1981 BGB) in order to satisfy the creditors and limit the liability of the heirs.
How is the succession procedure closed?
When a list of heirs is requested, the procedure is generally closed once this is issued.
How is the estate transmitted to the heirs/legatees?
The inheritance is devolved to the heirs by death and by virtue of the law, even without their knowledge or intervention (automatic devolution, §§ 1922, 1942 BGB). German law does not recognise specific bequests that are transmitted directly to the legatee (Vindikationslegat).
