A co-heir lives abroad: power of attorney, notary and documents
Checked on 11.11.2026
Translated from German. Where anything differs, the German text counts: Deutsche Fassung
A brother in the USA, a sister in Spain, a half-sibling one only learns of through the probate court. Every signature becomes a journey.
What generally applies
- A power of attorney. An heir abroad can authorise another person to act for them. For land, the land registry and notary usually require a certified power of attorney; abroad, a German consulate or a local notary often certifies it, then sometimes with an apostille.
- The certificate of inheritance. The application requires an affirmation in lieu of an oath. It can also be made before a German consulate.
- Which law applies. Within the EU, succession usually follows the deceased's last habitual residence. For heirs in several EU countries there is the European Certificate of Succession.
Which form is needed in your case and which law applies, the notary, the probate court or a lawyer will tell you.
What helps
- Ask early what is needed. Ask the notary or land registry for the exact form before someone has a document certified abroad.
- One person who acts locally. Whoever lives nearby takes on the errands; what happens should be visible to everyone.
- The same documents for everyone. Whoever is far away mistrusts more easily. Copies of the notices, invoices and values for everyone take a lot of pressure out.