Nachlassgericht-Guide

When you inherit, sooner or later you end up at the probate court - the part of the district court that handles estates. It deals with the inheritance certificate, the opening of a will, the determination of heirs and a good deal more. The probate court guide orders this process for you, so you know what is coming and what you can save yourself.

The first and most important question is often: do I even need an inheritance certificate? Many believe nothing works without one - yet for land registry and bank accounts a notarized will with an opening record is frequently enough. The certificate check in the guide asks about your situation and tells you whether you really have to apply for the paid certificate or whether a cheaper route is open.

When no will exists, statutory succession under the Civil Code applies. It arranges relatives into orders and distributes the estate by fixed shares - the spouse gets a certain portion depending on the marital property regime and surviving relatives, the rest goes to children, parents or more distant relatives. The guide calculates the concrete shares for your family constellation instead of leaving you alone with abstract sections.

A chapter of its own is the compulsory share. Anyone disinherited by will but belonging to the closest family circle still has a claim to half of the statutory share, in cash. The guide explains who is entitled, how high the claim is, and which deadlines apply - important for both sides, whether you claim the share or are confronted with it.

Money matters too. The fees of the probate court and the notary follow the Court and Notary Costs Act and rise with the estate value. On top of that inheritance tax may apply - with personal allowances that vary greatly by degree of kinship, from high amounts for spouses and children down to small ones for distant heirs. The guide estimates both items so you avoid a surprise.

And if the estate holds more debt than assets? Then the guide leads you to the inheritance disclaimer and its deadlines. Accepting is not the only option - anyone who disclaims in time is not liable for the deceased's debts. The guide shows you where that fork lies and how to take it.

The guide is part of Plus. For the calculation your entries go to our server in Germany and are not stored there. The guide does not replace advice from a lawyer or notary, especially for larger or disputed estates. But it hands you the vocabulary, the numbers and the sequence to understand the process instead of merely enduring it.