German probate for US heirs: Step-by-step guide

When a relative dies in Germany, US-based heirs are suddenly confronted with a foreign legal system, German-language documents, and strict deadlines. This guide explains in clear terms how German probate works and what you, as a US-based heir, need to do – without flying to Germany.

In Germany, much of the estate administration runs directly through the heirs, not through a personal representative or executor in the same way as in many US states. The probate court mainly confirms who the heirs are and issues documents such as the certificate of inheritance, while the heirs themselves deal with banks, tax offices, and buyers. This means that you, as heir, can act sooner – but you also carry liability risks if the estate is insolvent.

• Collect documents: death certificate, any wills, family registry extracts, and basic information on assets and debts.
• Check whether there is a German will that was deposited with a court or notary.
• If there is no will, the German rules on intestate succession apply (for example: spouse and children inherit together).

Under German law, heirs inherit not only assets but also debts. US-based heirs must therefore look carefully at the overall picture of the estate. There are strict deadlines to disclaim (Ausschlagung), and the declaration often has to be made before a German court or a German consulate.

To deal with German banks, land registries, and some authorities, you often need either a German certificate of inheritance (Erbschein) or another acceptable proof, such as a notarial will with a German court record of opening. A lawyer familiar with German inheritance law can prepare the application so that it can be signed before a German consulate or notary abroad and then filed with the competent German probate court.

Common issues include missing documents (for example old marriage certificates or divorce decrees), disagreements between siblings, and coordination between German inheritance tax rules and US reporting obligations. Many of these problems can be reduced if you involve a bilingual lawyer early who can speak to the German court and authorities on your behalf.

Inheritance Law Pages

1. Check first whether a German Erbschein is actually required – sometimes other documents are enough.

2. Gather all key documents (vital records, wills, court orders, IDs) before starting the application.

3. Have a German lawyer draft a precise Erbschein application tailored to your situation.

4. Plan the consulate or notary appointment early and use the form of notarisation your German court prefers.

5. Anticipate translations and international formalities (apostilles, foreign court orders) to avoid delays.

For US-based heirs, the German certificate of inheritance (Erbschein) is often the key that unlocks bank accounts, real estate transfers, and the practical administration of an estate in Germany. With the right preparation – complete documentation, a precisely drafted application, and the correct form of notarisation via a German consulate or notary – the entire process can usually be handled from the United States, without travelling to Germany.

German Attorney Nicola Casper-Hoesl prepares customized, bilingual directives and custody provisions, ensuring that your wishes are recognized in Germany and abroad. Protect your future — and your children’s — before it’s too late.