ErbenakteGuide for heirs
Short and clear, in the order it happens. Every statement with its source. Last checked on 11.11.2026.
Settling the inheritance
- A will found: delivering it, the opening, what is validWhoever finds a will must deliver it to the probate court without delay. How the opening works and when a handwritten will is valid.
- Rejecting an inheritance: period, form and what happens nextSix weeks, a declaration at the probate court or a notary, and then one's own children often inherit. What generally applies to rejecting an inheritance.
- Statutory succession: who inherits how much without a will?Without a will, statutory succession applies: children first, the spouse alongside. Who inherits how much, with the shares for the most common families.
- Certificate of inheritance, bank and documents: what is requiredWhat the bank wants to see, when a certificate of inheritance is needed and when a notarial will is enough, and how the land register is changed to the heirs.
- Applying for a certificate of inheritance: procedure and costsWhat a certificate of inheritance (Erbschein) costs: two fees by the value of the estate, from €50,000 to €1 million. Where to apply and what you need.
- Correcting the land register after a death: duty, period, costsAfter the owner's death the land register must be corrected. Within two years, entering the heirs costs no fee. What you need.
- Inherited debts: what heirs are liable for and how to limit itHeirs are liable for the deceased's debts too, several heirs jointly. Which protections the law provides: the three-month defence, estate insolvency.
- Executor: what they may do and what the heirs can demandIf the will names an executor, the executor administers the estate. What heirs may then not do, what they can demand and what it costs.
- The "Berlin will": what it binds and what children can claimUnder a Berlin will the spouse inherits first, then the children. What becomes binding after the first death and which compulsory share children have then.
- Legacy: the difference from inheriting and what the heirs owe"My godchild gets the watch": that is a legacy, not an inheritance. What makes the difference, who must fulfil it and what legatees may not do.
- Compulsory share: who can claim it, how much, when it becomes time-barredDisinherited children, spouses and parents can claim the compulsory share: half of the statutory share, in money. Information, gifts, limitation.
The community of heirs
- Who administers the estate, and what does it cost?An heir manages the house, lets it, collects the rent or asks for remuneration. What generally applies and what you can record.
- One heir does all the work: does it count when the estate is divided?One heir sees to everything: authorities, the house, tradespeople, perhaps the care before. What generally applies and what you can record.
- A co-heir does not respond: what you can do and recordNo answer to calls, letters or messages. What generally applies, what the heirs can decide without that person, and what you record.
- A co-heir lives abroad: power of attorney, notary and documentsAn heir lives far away or abroad. What generally applies to powers of attorney, the certificate of inheritance and signatures, and how all see the same papers.
- A co-heir lives in the inherited house: what you can recordA sibling lives rent-free in the inherited house, the others want their share. What you can record, and an example calculation of a takeover.
- A co-heir receives citizen's income (Bürgergeld): what generally appliesAn heir receives Bürgergeld and refuses a payout or lives in the house. What generally applies, and where they can have their own situation checked.
- Bank power of attorney: a co-heir withdrew money or shows nothingA sibling had power of attorney over the account, withdrew money or does not show the statements. What generally applies and what you can record.
- The deceased's rented flat: tenancy, notice, periodsThe tenancy does not end with the death. Who steps in, how heirs give special notice within a month, and until when rent must be paid.
- Dividing the household and clearing the flat: what generally appliesThe household has stood undivided for months, or someone cleared the flat without asking. What generally applies and how to divide the household fairly.
Costs and money
- Who pays the running costs in a community of heirs?Property tax, insurance, heating: often one heir pays everything alone. What each month without a decision costs, worked out with your figures.
- Funeral costs: who pays, and what if the money is not thereThe heirs bear the cost of the funeral. Who must arrange it, who pays the undertaker, what applies after rejecting, and when social welfare steps in.
- Life insurance on a death: who the money belongs toLife insurance pays the named beneficiary, not the heirs. Why the money often does not belong to the estate and what applies on rejecting.
- Inheritance tax: allowances, the family home, notifying the tax officeAllowances of €500,000 for spouses and €400,000 per child, the family home, notifying the tax office within three months. What the law says.
- Gifts during lifetime: when siblings must account for themOne child received money for a house during the parents' lifetime, the other nothing. When such gifts are accounted for among siblings – and when not.
Dividing and selling
- The value of the inherited house is disputed: which values there areAn estate agent's value, an old valuation, the land value: which kinds of values exist, what they say and how to record them side by side.
- A co-heir blocks the sale: what the options areAll heirs want to sell, one does not. What generally applies, which ways the law provides and what you can record in the meantime.
- Paying out the co-heirs cannot be financed: what the options areOne heir wants to keep the house but cannot pay out the others. Which options generally exist, and how to work them out with your own figures.
- Selling a share of the estate: what is allowed, the co-heirs' pre-emptionEvery co-heir may sell their share of the estate, before a notary. The other heirs then have a right of pre-emption for two months. What generally applies.
- Partition auction: how it begins, what it costs, how it endsIf the heirs cannot agree about land, any heir can apply for a partition auction (Teilungsversteigerung). How it generally works and what it costs.