English-Speaking Inheritance Lawyer in Germany – Legal Support for Joint Heirs
A longtime client of the law firm often responds to the colorful depiction of particularly harmonious family relationships with:
“Have you inherited together yet?”"I don’t understand what’s going on. All I came for was to collect my share of a German estate."
– A typical reaction from heirs suddenly faced with German inheritance law
When a loved one passes away in Germany, their estate is inherited by one or more individuals. If there is more than one heir, a community of heirs (“Erbengemeinschaft”) is formed. This legal structure can be complex, particularly for heirs living abroad or unfamiliar with German inheritance law.
As an experienced lawyer in inheritance matters, I provide clear and practical guidance for English-speaking clients navigating this process in Germany.
Joint Heirs in Germany – What It Means and How It Works
A community of heirs arises automatically upon death when multiple individuals inherit. From that moment, all assets and liabilities of the deceased are jointly owned by the heirs.
- No individual ownership: Each heir owns a share of the estate, not specific items.
- Unanimous decisions are required for actions like property sales.
- The estate must be divided through formal agreement or court decision.
German Will and Executor – Their Legal Role and Limitations
A valid will (Testament) can shape the distribution of assets, exclude statutory heirs, and appoint an executor (Testamentsvollstrecker) to manage the estate. Executors are useful in complex cases or where conflict is likely.
Even when disinherited, close relatives (children, spouse, parents) are entitled to a compulsory portion (Pflichtteil) — a monetary claim on half of their statutory share.
A wealthy man leves this world: Anna is his daughter, who finds out, her father only named his second wife in his will. To her diappointment Anna is completely excluded. She still has a case, as under German law, she can still claim 25% of the estate’s value as her Pflichtteil — a monetary payment the widow must cover.
Your Legal Rights and Options
As a co-heir, you may:
- Remain in the community and manage the estate jointly
- Request division of the estate
- Sell or transfer your share
I assist clients with reviewing wills, enforcing claims, communicating with co-heirs and executors, and representation in court.
Inheritance Debts in Germany – What Heirs Need to Know
Heirs in Germany inherit both assets and debts. All co-heirs are personally and jointly liable — even with their private property.
Options to avoid personal liability:
- Renounce the inheritance within 6 weeks (or 6 months abroad)
- Apply for estate administration (“Nachlassverwaltung”)
- Initiate insolvency proceedings if debts exceed assets
Michael and his sister inherit their father's estate. Later they learn he owed €80,000 in business loans. As they didn't renounce in time, both are liable — even Michael, who lives in the U.S. Creditors may pursue his private assets abroad.
FAQ – Common Questions
- Can I apply for a German certificate of inheritance from abroad?
- Yes. Applications can be made through embassies or with a lawyer’s help. Documents may require certified translations or apostilles.
- Is personal presence in Germany required?
- Not usually. Not usually. With a power of attorney, your lawyer can represent you in court and with other heirs. Only the sale of property requires a notarized power of attorney.
- What about inheritance tax?
- Germany levies inheritance tax depending on the value and relationship. International heirs should check for double taxation risks.
Dr. Markus Wessel offers tailored legal advice in English for international heirs. Whether you are unsure about your rights, need to enforce a will, handle an executor, or protect yourself from estate debts—I’m here to support you.
Joint Heirs in Berlin Charlottenburg-Wilmersdorf - Schedule an appointment with Attorney Dr. Markus Wessel
+49 30 985 12 411