Intestate Succession: Who Inherits When There’s No Will?

No will? No Plan? German Law Decides.

I help U.S.-based heirs navigate Germany’s statutory inheritance system—mapping heirs, securing proof of heirship, and resolving disputes without the need to travel.

Intestate succession is not a neutral process—it follows strict hierarchies. Children inherit first, then parents and siblings, then grandparents and their descendants. The surviving spouse is always an heir, but their share depends heavily on the marital property regime and the presence of other relatives. Without legal guidance, heirs may face blocked bank accounts, frozen real estate, and conflicts with co-heirs scattered across several countries. Understanding the rules is the first step to securing your inheritance.

Children and Grandchildren – First-Order Heirs

Descendants of the deceased are the heirs of the first order. All children inherit in equal shares, regardless of whether they were born in or out of wedlock or adopted. If a child has already died, their children (the deceased’s grandchildren) inherit in their place by way of representation. Great-grandchildren and further descendants only inherit if their parent in the line of succession has predeceased the testator. This principle ensures that the estate always passes down the bloodline, generation by generation.

The Surviving Spouse’s Share

The surviving spouse is always an heir, but the share depends on the marital property regime:

• Community of accrued gains (Zugewinngemeinschaft): This is the default regime. The spouse inherits one-half of the estate if there are children. If there are no children but parents or siblings, the spouse inherits three-quarters. If no close relatives exist, the spouse inherits everything.
• Separation of property (Gütertrennung): The spouse’s share is equal to that of the children. With one child, the spouse receives half; with two children, one-third; with three or more children, one-quarter.
• Community of property (Gütergemeinschaft): The spouse already owns half of the joint property and inherits a share of the deceased’s half. This regime is rare and requires special legal handling.

In addition to these shares, the surviving spouse has a right to the Voraus—household goods and wedding gifts remain with them regardless of their inheritance share. If the couple shared a family home, special use and occupancy rights may also apply.

Should I Disclaim a German Inheritance? Debts and Deadlines

Second and Third-Order Relatives

If there are no children or grandchildren, heirs of the second order inherit. These include the deceased’s parents and their descendants—siblings, nieces, and nephews. If both parents survive, they inherit equally. If one parent has predeceased, their share passes to the siblings of the deceased.

If no heirs of the first or second order exist, the third order inherits: grandparents, uncles and aunts, and cousins. From the fourth order onwards the logic changes: it is no longer the branch that counts but the degree of kinship — whoever is most closely related excludes the others, and their children do not step into their place. In the absence of any heirs at all, the estate passes to the federal state (Bundesland) of the deceased’s last residence, not to the national government.

Special Cases: Divorce, Life Partnerships, and Exclusions

Spousal inheritance rights cease if the marriage is legally dissolved. Even during pending divorce proceedings, if the petition for divorce has been filed and the requirements for divorce were met, inheritance rights may already be excluded. Registered life partnerships have been unavailable in Germany since October 2017, but partnerships entered into before then continue to exist and carry the same inheritance rights as a marriage. An heir can also be stripped of their inheritance for unworthiness — for example after a serious offence against the deceased. This does not happen automatically: it must be challenged in court within one year of learning of the grounds.

Why Acting Quickly Matters

German probate courts require formal proof of heirship (Erbschein), and applications can take months to process. Heirs living abroad must often act within strict deadlines: disclaiming an unwanted inheritance, for example, must be done within six weeks of notification, extended to six months where the deceased lived abroad or the heir is abroad when the period begins. Form matters as much as timing: a disclaimer cannot be sent by email or ordinary letter. It must be recorded by the probate court or made in publicly certified form, and it must physically reach the court within the deadline — posting it on the last day is not enough. For heirs in the U.S. that means notarisation, an apostille and international dispatch, which realistically takes three to four weeks. Delays can cause severe financial consequences: ongoing property expenses, market changes, or decisions by co-heirs that affect your share.

Common Problems in Intestate Succession

• Community of Heirs (Erbengemeinschaft): Multiple heirs automatically form a community that must act unanimously, often leading to stalemates.
• Asset Lock-Up: Real estate cannot be sold, and bank accounts cannot be accessed, without the cooperation of all heirs.
• Unknown or Distant Heirs: Tracing heirs abroad can take months.
• Tax Surprises: Even statutory heirs may face inheritance tax burdens, with allowances varying by relationship.
• Cross-Border Complexity: U.S.-based heirs must comply with German probate law and often need professional representation to navigate the process.

Benefits of Having a Will

Statutory succession provides a safety net, but it rarely matches individual wishes. A will allows you to:

• Define heirs freely and avoid unwanted heir communities
• Provide targeted gifts and legacies (Vermächtnisse)
• Reduce compulsory share claims through planning
• Optimize inheritance tax and coordinate U.S.–German obligations
• Ensure clarity in patchwork families and international estates

Frequently Asked Questions (FAQs)

5 Top Tips

1. Confirm your heirship quickly through German probate court.
2. Watch deadlines—especially for disclaiming an inheritance.
3. Anticipate disputes in heir communities and plan mediation or buyouts.
4. Secure tax advice early to minimize exposure.
5. Use local legal representation to act on your behalf in Germany.

Conclusion

Statutory succession in Germany is a rigid hierarchy that often produces unexpected heirs and complicated inheritance shares—especially in cross-border families. For U.S. heirs, the process can seem overwhelming: foreign probate courts, unknown relatives, and strict tax rules. With professional guidance, however, you can secure your rightful inheritance efficiently and without the need to set foot in Germany.

German Attorney Nicola S. Casper-Hoesl helps U.S.-based heirs assert their rights under German intestacy rules, obtain proof of heirship, and resolve cross-border inheritance issues with clarity and precision.