Inheritance without a will Germany: intestate succession explained
<p>When someone dies in Germany without a will, intestate succession applies. The law decides who inherits, in what order and in what shares. This guide explains the core rules, clarifies the spouse's position and shows what to do when debts dominate. The <a href="/app" class="text-primary underline">Wegbegleiter App</a> documents every step securely.</p>
What happens without a will?
If someone dies in Germany without a will, intestate succession applies. Statutory rules determine who inherits and in what shares. A will is optional, but the only way to depart from the default scheme.
Burial is mandatory in Germany; cemetery rules differ by state and municipality.
Order of statutory heirs
Heirs are ranked by orders or classes:
- 1st order: children, grandchildren, great-grandchildren
- 2nd order: parents, siblings, nieces and nephews
- 3rd order: grandparents, uncles, aunts
- Further orders: more distant relatives
As long as someone of a higher order is alive, lower orders are excluded.
When debts dominate
If the deceased was in debt, renounce within 6 weeks from knowledge (§ 1944 BGB), otherwise you become personally liable. A public inventory limits liability to the value of the estate.
Step-by-step procedure
1. Establish the family tree. 2. Apply for the certificate of inheritance. 3. Pay funeral costs from the estate. 4. Inventory assets and liabilities. 5. File the inheritance-tax return. 6. Distribute the estate or dissolve co-heirship.
The Wegbegleiter App offers a country-specific overview of statutory succession and helps draft the required letters.
Frequently asked questions
- Does the state inherit if no relatives exist?
- Yes – without heirs or a spouse the estate goes to the state (escheat).
- Do unmarried partners inherit automatically?
- No. Without a will or registered partnership, unmarried partners receive nothing.
- What about blended families?
- Biological children inherit regardless of parental status; non-adopted stepchildren do not.
- What about foster children?
- Only adopted children are statutory heirs; otherwise a will is required.
- Where do I find out who the heirs are?
- At the probate court or notary of the last residence; many countries also keep a central will registry.
Wegbegleiter – the app for difficult moments
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