German Probate Attorney | Dual-Licensed Germany–USA | Erbschein & Estate Administration
When a family member passes away in Germany, the legal process,Nachlassabwicklungis governed by theBürgerliches Gesetzbuch (BGB). While heirs automatically inherit pursuant to§ 1922 BGBthrough“universal succession”, this also means they inherit any debts. Without expert guidance, heirs risk costly mistakes, unnecessary delays, and even personal liability.
At theGerman American Law Center PLC, we specialize inGerman probate administrationfor U.S.-based heirs. As adual-licensed German–U.S. attorney, we provide end-to-end legal support from securing yourErbscheinto distributing assets and managing tax obligations.
Step 1: Immediate Succession and Legal Framework
German inheritance law does not involve a U.S.-style probate hearing. Instead,ownership transfers instantlyat death (§ 1922 BGB). If the deceased named anexecutor(Testamentsvollstrecker), the probate court (Nachlassgericht) will appoint them pursuant to §§ 2203–2204 BGB. Otherwise, the heirs collectively manage the estate.
Even with immediate succession, you mustprove your inheritance rightsby applying for aCertificate of Inheritance (Erbschein)pursuant to § 2353 BGB, which is often essential for accessing bank accounts, selling property, or transferring investments.
Step 2: The Key Steps in German Estate Administration
Obtain the Death Certificate: Request an international death certificate from the local Standesamt. This is required for all probate filings.
Notify Institutions & Secure Assets: Inform banks, insurers, tax offices, and utility providers; secure property. Court asset protection possible pursuant to § 1960 BGB.
Submit Will and Prepare Inventory: File all wills with the probate court. Prepare a full Nachlassverzeichnis. Inventory rights pursuant to §§ 1993–1994 BGB.
Apply for the Erbschein: File through court, notary, or German consulate abroad. § 2353 BGB governs issuance.
Inheritance Tax Compliance: Notify tax office within 3 months (§ 30 ErbStG). Obtain Unbedenklichkeitsbescheinigung for banks. This will avoid penalties and payment delays.
Debt Settlement & Asset Distribution: Pay estate debts (§ 1967 BGB), fulfill legacies, and distribute assets. This may involve property transfer via the Grundbuch.
Step 3: Why You Need a Dual-Licensed German–U.S. Probate Attorney
1. Cross-Jurisdictional Expertise:We navigate both U.S. and German legal systems, ensuring documents meetApostillestandards, translations are court-compliant, and tax filings respect both jurisdictions.
2. Hidden Asset Discovery: We uncover overlooked insurance policies, dormant bank accounts, and valuable collectibles that heirs may not even know exist.
3. Contract & Insurance Termination:From telecom contracts to life insurance, we terminate, settle, or transfer agreements protecting you from ongoing liabilities.
4. Real Estate Oversight:We examineGrundbuchentries, verify title, arrange appraisals, and manage sales, ensuring no costly surprises.
5. Transparent Communication:We offer regular updates or handle matters discreetly if preferred giving you structured guidance and a peace of mind throughout the process.
6. Full-Service Nachlassabwicklung:We manage everything: household liquidation, sale of valuables, execution of wills, inheritance tax filings, and final asset transfers.
7. Conflict Management:InErbengemeinschaften(co-heir situations), we act as a neutral party to avoid disputes and ensure fair distribution.
8. International Representation:For non-resident heirs, we handle the entire process in Germany—no travel required.
Step 4: How We Protect You Legally and Financially
German probate law imposes strict deadlines and heir liabilities. Without professional oversight, you could:
Miss statutory tax filing deadlines (§ 30 ErbStG)
Fail to separate estate debts from personal liability (§ 2014 BGB)
Lose asset value due to market fluctuations or contract renewals
Face avoidable family disputes in multi-heir situations
Our Flat Fee German Probate Administration services ensures compliance with German law while maximizing your financial outcome.
If you’ve inherited German assets or expect to, don’t leave the process to chance. Contact the German American Law Center PLC or Rechtsanwaltskanzlei PECHER today to receive expert legal guidance and ensure your rights are fully recognized under German law.
Contact the German American Law Center PLCThe German American Law Center PLC specializes in international surrogacy, parentage rights, and cross-border family law. We guide intended parents through every step from surrogacy agreements and legal parentage to citizenship filings and ethical oversight.
Contact the German American Law Center PLC
The German American Law Center PLC specializes in international surrogacy, parentage rights, and cross-border family law.
We guide intended parents through every step from surrogacy agreements and legal parentage to citizenship filings and ethical oversight.
📞 Phone: +1 (989) 687-5255
📧 Email: [email protected]
🌐 Website: https://galawcenter.com
