Inheritance

An inheritance (Erbschaft) comprises the entire estate of a deceased person – money, property, securities, but also debts and liabilities.

What happens after a death in Germany – step by step:

1. Immediately (first few days):

• Apply for the death certificate at the registry office
• Inform insurers (life insurance, death benefit)
• Inform banks (the account is often frozen immediately – hence a bank power of attorney beforehand!)

2. Within 6 weeks:

• Accept or DISCLAIM the inheritance (§1944 BGB) – the deadline starts when you learn of it!
• If you miss the deadline, you're deemed to be the heir – incl. all debts!
• Disclaimer at the probate court (cost: approx. €30)

3. Within 3 months:

• Inheritance tax return (if above the allowance)
• Apply for a certificate of inheritance (if needed; cost depends on the value of the estate)

Community of heirs:

• If several people inherit, they automatically form a community of heirs
• ALL decisions must be made UNANIMOUSLY – the most common source of disputes!
• Every heir can demand partition at any time

Debts in the inheritance:

• You inherit EVERYTHING – debts too!
• If you suspect over-indebtedness: DISCLAIM within 6 weeks
• Alternative: apply for estate insolvency (then you're not personally liable)

Tip: ALWAYS check the value of the estate before accepting. If in doubt: apply for estate administration.