Inheritance Law · After the Death
After the Funeral: what matters legally now
After a death, relatives face many questions and tasks. At the same time, strict legal deadlines apply that should not be missed. I help you act legally correctly and avoid typical mistakes.
Whether you want to accept or disclaim the inheritance, whether a dispute is looming or a will has been found, early legal advice protects you from far-reaching consequences.
Important first steps
These points should be dealt with in the first weeks after the death:
- Cancel contracts
- Handle apartment or house
- Inform banks and authorities
- Certificate of inheritance, necessary or not?
- Keep compulsory portion in mind
- Will found, what now?
Guide for Relatives
Step-by-step orientation for the first period after the loss.
Checklists & Procedure
Concrete steps: so nothing important is forgotten.
Personal Guidance
I am personally available for you: discreet, empathetic and legally sound.
When is legal help advisable?
With unclear succession
When there is no will or the will is unclear, legal advice helps clarify the legal situation unambiguously.
With disputes among heirs
Conflicts in communities of heirs escalate quickly. Early legal support prevents costly court proceedings.
With estate liabilities
Debt liability for heirs can have far-reaching consequences. A review before accepting the inheritance is often advisable.
With real estate in the estate
Inherited properties raise tax and legal questions that require specialised advice.
How does the consultation work?
Initial consultation
You describe your situation, I listen, ask targeted questions and give you an initial legal assessment of your position.
Review documents
All relevant documents (will, bank documents, land register extracts) are reviewed and evaluated.
Develop strategy
Together we work out the best approach, with a realistic assessment of prospects and clear next steps.
Implementation
I handle communication with heirs, authorities and courts, you are regularly informed.
Typical mistakes you should avoid
- Accepting the inheritance without knowing the testator's debts
- Missing the 6-week disclaimer period
- Not asserting or asserting compulsory portion claims too late
- Not communicating estate liabilities to creditors
- Selling or retaining real estate without legal review
More in our guide
Reviewed by attorney Christian Kopitzsch
Attorney for inheritance law in Berlin, over 18 years of experience.
Frequently asked questions after a death
What do I have to do first?
If you hold or find a will of the deceased, you must deliver it to the probate court without delay (section 2259 German Civil Code). This duty applies to anyone holding a will, regardless of whether they benefit from it. Withholding a will can be a criminal offence.
How long can I disclaim the inheritance?
Six weeks (section 1944 German Civil Code). The period starts once you learn of the death and of the reason you were called to inherit, not on the date of death. It extends to six months if the deceased's last residence was abroad or if you were abroad when the period began. The disclaimer is declared to the probate court or before a notary.
Who pays for the funeral?
The heir bears the cost of a funeral appropriate to the deceased's station (section 1968 German Civil Code). Whoever commissions the funeral is initially liable to the undertaker but can recover the money from the estate. If all heirs disclaim, a relative with maintenance obligations or the social welfare office may ultimately step in.
Do I always need a certificate of inheritance?
No. Where there is a notarial will with a court opening record, banks and land registries often accept that as proof. A certificate is mainly needed for handwritten wills, for statutory succession, or where property forms part of the estate. Because applying counts as accepting the inheritance, it should not be filed hastily where the estate is unclear.
Do I have to inform the tax office?
Yes. Every acquisition on death must be reported to the competent inheritance tax office within three months (section 30 Inheritance Tax Act). Banks and insurers report balances automatically anyway. Whether tax is actually due depends on the allowances.
What happens to the deceased's debts?
As heir you step into the full legal position and are in principle also liable with your own assets. If the estate is over-indebted, liability can be limited to the estate, for instance through estate administration or estate insolvency (section 1975 German Civil Code). Within the disclaimer period, disclaiming is usually the simpler route.
You are not alone.
I am here for you during this time, with legal clarity, discretion and personal commitment.