Following a death, various legal and administrative steps may be required before an estate can be administered and distributed. Depending on the circumstances, this may involve communication with the German probate court (Nachlassgericht), banks, land registries, public authorities and other institutions.

The role of the probate court depends on the specific circumstances of the estate. Common tasks include opening a will, issuing a German Certificate of Inheritance (Erbschein), issuing a European Certificate of Succession and dealing with certain procedural matters relating to the estate.

Not every estate requires extensive involvement of the probate court. In some straightforward cases, particularly where a notarised will exists and no disputes arise, the court's role may be limited to opening the will and notifying the persons affected by it. In exceptional cases, court involvement may be minimal if no court-issued documents are required and no probate-related proceedings become necessary.

International clients are often surprised to learn that German inheritance procedures differ significantly from the probate systems found in many other jurisdictions. Obtaining an Erbschein does not mean that the court administers the estate. In Germany, the probate court does not generally supervise the collection of assets, manage the estate or oversee its distribution on an ongoing basis. Those responsibilities usually remain with the heirs, a court-appointed estate custodian (Nachlasspfleger), a court-appointed estate administrator (Nachlassverwalter), or an executor (Testamentsvollstrecker), depending on the circumstances.

The competent probate court is usually the court responsible for the deceased's last habitual residence in Germany. If the deceased did not reside in Germany, jurisdiction may depend on the location of assets or other connecting factors.

Probate-related matters may include:

• Opening and reviewing wills or inheritance contracts
• Determining whether a later will exists
• Applying for a German Certificate of Inheritance (Erbschein)
• Applying for a European Certificate of Succession
• Clarifying heirship and inheritance shares
• Dealing with missing or unknown heirs
• Appointing an estate custodian (Nachlasspfleger)
• Responding to court notices and requests
• Coordinating with banks, land registries and other institutions

For heirs living abroad, probate-related matters can present practical challenges. Documents may need to be translated, notarised or provided with an apostille, and communication with German institutions is often required throughout the administration of the estate.

Frequently Asked Questions

Does every German estate go through probate?

No. Unlike in some other jurisdictions, German estates are not generally administered under continuous court supervision. The probate court becomes involved only where specific action is required, such as opening a will, issuing inheritance documents, dealing with unknown heirs or appointing an estate custodian (Nachlasspfleger) to protect the estate.

Does every German estate require the involvement of the probate court?

In most cases, yes. The probate court (Nachlassgericht) is often involved in at least some aspect of the succession process, such as opening a will, issuing inheritance documents, dealing with disclaimers of inheritance or appointing an estate custodian where necessary.

Only in limited circumstances may an estate be administered without any practical involvement of the probate court. This may be possible where no will exists, no real estate forms part of the estate, no court-issued inheritance documents are required, no disputes arise and all relevant institutions accept the available evidence of inheritance rights.

Whether probate court involvement is necessary depends on the specific circumstances of the estate, the available documentation and the requirements of banks, authorities and other institutions.

What is the German probate court?

The German probate court (Nachlassgericht) is a division of the local municipal court (Amtsgericht) responsible for certain inheritance matters. Its responsibilities include opening wills, issuing certificates of inheritance and dealing with specific procedural issues relating to estates.

What happens when a will is opened?

The probate court formally opens the will and notifies the persons affected by its contents. Heirs and beneficiaries are typically provided with a copy of the relevant parts of the will together with the official court record of opening.

How do I find out whether a will exists?

If a will has been deposited with a German court or registered in the Central Register of Wills, it will generally be located and opened by the probate court after the death has been reported.

What is an Erbschein?

An Erbschein is a German Certificate of Inheritance. It confirms who the heirs are and in what shares they inherit. Banks, land registries and other institutions may require it before recognising inheritance rights.

Do I always need an Erbschein?

No. In some cases, a notarised will together with the probate court's official record of opening may be sufficient proof of inheritance. Whether an Erbschein is required depends on the circumstances and the requirements of the institution involved.

What is a European Certificate of Succession?

A European Certificate of Succession can be used to prove inheritance rights in cross-border succession matters within many EU Member States. It may be particularly useful where assets are located in more than one country.

What is a Nachlasspfleger?

A Nachlasspfleger is an estate custodian appointed by the probate court, typically where heirs are unknown, cannot be located or where urgent measures are required to protect the estate. The custodian's role is not to administer the estate permanently, but to safeguard it until the heirs can be identified, located or otherwise able to act.

Do I need to travel to Germany?

In many cases, no. Probate-related matters can often be handled remotely through a lawyer acting under a power of attorney.

How long do German probate proceedings take?

The timeframe depends on the complexity of the estate, the availability of documents, the workload of the court and whether disputes arise. Straightforward matters may be resolved within a few weeks or months, while contested or international estates may take years to be solved.