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FAQ
FAQ
A separate declaration stating that you accept the inheritance is not required. The estate automatically passes to the heir(s) unless the inheritance is renounced by the cutoff date.
Under German law, an heir can normally declare the renouncement of inheritance to the German probate court within six weeks of becoming aware of the inheritance – or six months if the heir is outside of Germany. Further information can be found here:
To be able to dispose of an estate in Germany, it is often necessary to submit a certificate of inheritance or a European Certificate of Succession (ECS) issued by a German probate court. A certified copy of the will filed with the probate court together with the record of probate proceedings will suffice in place of a certificate of inheritance/ECS in the case of a notarial will or a deed of succession in which the heirs are precisely designated.
A will drawn up in the United Kingdom in the presence of two witnesses is not recognised in Germany, and neither is a grant of probate or letters of administration issued by a British court.
A certified copy of the will filed with the probate court together with the record of probate proceedings will suffice in place of a certificate of inheritance in the case of a notarial will or a deed of succession in which the heirs are precisely designated. A will drawn up in the United Kingdom in the presence of two witnesses is not recognised in Germany, and neither is a grant of probate or letters of administration issued by a British court.
A German national certificate of inheritance is also not required if a European Certificate of Succession (ECS) has been issued in another European Union member state (other than Denmark and Ireland). This can also be used in Germany to prove your status as heir.
The European Certificate of Succession was introduced when the EU Succession Regulation came into effect. It is a standardised document that certifies a person’s legal status as an heir and is designed to simplify the cross-border administration of the estate and make it more efficient. It is valid in all EU member states (with the exception of Ireland and Denmark) and its legal effect is the same in all these EU member states. There is no obligation to use one (Article 62 (2) EU Succession Regulation). So, for example, it does not take the place of a German national certificate of inheritance, but can provide additional proof of inheritance.
A will drawn up in the United Kingdom in the presence of two witnesses is not recognised in Germany, and neither is a grant of probate or letters of administration issued by a British court.
The probate court is responsible for issuing the certificate of inheritance. It is generally the probate court in the deceased’s last place of residence that is responsible. If the deceased was never resident in Germany, the “Amtsgericht Schöneberg” in Berlin is responsible in the first instance.
Court contact details can be found here).
When there are several heirs, under German law they automatically form a “community of heirs”. They are initially only able to dispose of the complete estate jointly, and have to decide on the distribution of the estate themselves, possibly with the help of a notary, if the estate includes real estate.
Part of the application is a declaration in lieu of an oath which has to be notarised by the competent probate court or a notary in Germany. This can only be done in person.
Outside of Germany, a declaration in lieu of an oath can only be notarised by an authorised consular officer at a German Consulate General or Embassy. In the United Kingdom the notarisation can only be carried out at the Embassy in London. Information on the procedure can be found here.
Notarisations by British notaries public are not recognised in Germany.
If you are unable to attend in person, for example for health reasons, the probate court can under certain circumstances, upon application, waive the requirement for a declaration in lieu of an oath. Please contact the competent probate court directly about this. The German mission abroad is unable to provide any guidance in this regard.
The document being notarised must be written in German. However, the German Embassy in London can offer a verbal translation into English. If you require a written translation or would like to have an interpreter present, please let the Embassy know prior to making the appointment. These services will be at your expense.
The Embassy charges a fee for notarisation. The fee depends on the value of the estate.
The probate court charges a separate fee for issuing the certificate of inheritance. The Embassy cannot provide any information on this.
Information on the EU Succession Regulation can be found here.
The German missions abroad cannot provide any information in individual inheritance cases or on inheritance tax matters. We recommend that you contact a specialist lawyer or tax consultant or the tax office on such matters.
A list of lawyers in Germany specialising in German inheritance law can be found here, for example.
A list of English-speaking lawyers and notaries in Germany can be found on the UK government website here.