Inheritance Law FAQ

German inheritance law (Erbrecht) governs what happens to a person's assets after their death. It determines who inherits (statutory succession), how inheritance works, and what obligations heirs have. It is based on the German Civil Code (BGB), §§ 1922 ff. As an heir, you step into the deceased's legal position, including their debts.

Statutory succession applies when no will or inheritance contract exists. It follows the degree of kinship and marital status. Testamentary succession arises from a will or inheritance contract. Important: Even with a will, close relatives retain a statutory compulsory portion (Pflichtteil).

The disclaimer period is 6 weeks from knowledge of the inheritance (6 months if the deceased was abroad). Disclaimer must be declared at the probate court or notarially. If in doubt, contact an inheritance lawyer immediately.

Entitled persons are: children (and their descendants if the child is deceased), spouses/registered partners, and parents of the deceased (if no children exist). Siblings, nieces, nephews and other relatives have no statutory compulsory portion claim.

The compulsory portion equals half of the statutory inheritance share. Example: if two children and a spouse survive, each child's statutory share is ¼. The compulsory portion is then ⅛ of the total estate. It is a pure monetary claim against the heirs.

Yes. Grounds for contestation include: error by the testator about content or motive, and coercion or deception during drafting. The contestation period is 1 year from knowledge of the ground. It must be declared at the probate court.

As early as possible, especially if you were disinherited, a will is to be contested, a community of heirs cannot agree, you want to disclaim an inheritance, the estate contains debts, or you inherited real estate. Early legal advice prevents costly mistakes and missed deadlines.

Yes. Attorney Christian Kopitzsch advises and represents clients nationwide, in person in Berlin as well as by phone and video conference. As German inheritance law applies uniformly across the country, location-independent advice is perfectly possible.