Will and statutory succession

In short: Without a will, the spouse inherits first under statutory succession, together with relatives in a fixed order. With a will you can decide who gets what, as far as compulsory-portion rights allow.

In more detail: On death the entire estate (and the debts) passes to the heirs. The heir steps into the position of the deceased.

In Depth

• Statutory succession (Germany): First-order heirs are children and their descendants, second-order parents and siblings, third-order grandparents. A spouse inherits a share alongside, depending on the marital property regime and the relatives. Unmarried partners inherit nothing without a will.
• Will: Written and signed by hand (handwritten, with place and date) it is valid. Typed does not count. Alternatively notarised, which avoids disputes and doubts and can make sense for property.
• Spouses’ will: Married couples can make a joint will, often the “Berlin will” (mutual appointment, children inherit later). It binds, later changes are restricted.
• Compulsory portion: Children, spouse and in some cases parents who are disinherited have a money claim of half of their statutory share. It is directed against the heirs and must be asserted.
• Safekeeping: Deposit it with the district court for official custody or have it noted in the Central Register of Wills (automatic with notarisation). That way the will gets found.
• Certificate of inheritance and disclaimer: The certificate of inheritance proves the right of inheritance. Whoever inherits an over-indebted estate can disclaim within six weeks.
• Community of heirs: Several heirs manage the estate jointly and divide it later.
• Tax: Inheritance tax arises only above allowances that depend on the degree of kinship.

See also: living will and power of attorney

General information on the legal situation in Germany, not legal or tax advice. Rules and amounts change; in an individual case ask advice centres, a notary, a tax adviser or the authorities.