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Estate planning in Kitzingen takes place within the framework of German federal law, primarily the German Civil Code - BGB - for inheritance rules and the Inheritance and Gift Tax Act - ErbStG - for taxation. Local authorities in Kitzingen and the Free State of Bavaria handle practical procedures. Notaries in Bavaria are state-appointed full-time notaries who advise, certify, and store important documents. The local probate court - Nachlassgericht - at the District Court - Amtsgericht - handles estate matters such as opening wills and issuing certificates of inheritance - Erbschein. If real estate is involved, the land registry - Grundbuchamt - updates ownership based on the documents provided.
Well-prepared estate planning can prevent disputes, optimize taxes, protect family members, and ensure that your wishes are legally enforceable. Germany recognizes handwritten wills, notarial wills, and special spousal joint wills - Berliner Testament. Close relatives have protected compulsory share rights - Pflichtteil. Cross-border estates are common in Kitzingen and the wider Lower Franconia region, and the EU Succession Regulation determines which country’s law applies if there is an international element.
You may benefit from tailored legal advice in any of the following situations. Your family structure is complex - blended families, stepchildren, or children from prior relationships. You own a business, agricultural or forestry assets, or substantial real estate, and need succession planning that maintains operations and liquidity. You or your heirs have different nationalities or live abroad - cross-border assets raise conflict-of-law, probate, and tax questions. You wish to reduce taxes through lifetime gifts, marital property agreements, business reliefs, or family home exemptions. You want to provide for a vulnerable relative through careful structuring of bequests and powers of attorney. You anticipate disputes or want to avoid them through clear drafting, no-contest clauses, or waivers of compulsory shares - Pflichtteilsverzicht - which require notarization. You need to contest a will, assert a compulsory share, or disclaim an inheritance with debt. You want to coordinate your will with healthcare and financial decision-making documents to avoid the need for a court-appointed guardian.
Validity of wills. A handwritten - holographic - will must be entirely written and signed by the testator. Including date and place is strongly recommended. Typed wills are not valid unless executed before a notary. A notarial will is recorded by a notary, who ensures capacity and clarity and arranges registration in the Central Register of Wills - Zentrales Testamentsregister - with safe deposit of the original. Married couples and registered partners may use a joint spousal will - Berliner Testament - which often leaves everything to the survivor and then to children. These instruments can create binding effects on the survivor after the first death.
Intestacy - when there is no will. Heirs follow statutory orders of succession. Descendants inherit first, then parents and their descendants - siblings - then grandparents and their descendants. The spouse’s share depends on the family situation and the marital property regime. In the default regime - Zugewinngemeinschaft - the spouse receives one quarter plus a further one quarter as a property regime adjustment. This typically results in one half for the spouse and one half for the children if there are descendants. If there are no descendants, the spouse’s share rises.
Compulsory share - Pflichtteil. Children, the spouse or registered partner, and in some cases parents, have a monetary claim equal to half of their statutory share if they are disinherited. They can also claim a supplement for certain lifetime gifts made within 10 years before death - sliding scale applies. Waivers of the compulsory share require a notarial contract.
Choice of law and cross-border estates. Under the EU Succession Regulation, the law of the deceased’s habitual residence generally applies to the worldwide estate. A person can, in a will, choose the law of their nationality instead. This choice is often crucial for expatriates or families with multiple nationalities.
Estate administration and probate. The probate court in Kitzingen opens wills and, on request, issues a certificate of inheritance - Erbschein - to prove who inherits. Banks and the land registry frequently require either an Erbschein or a notarial will with the official opening record from the court. Heirs assume assets and liabilities by universal succession. If debts exceed assets, heirs can disclaim the inheritance within strict deadlines or seek limitation of liability.
Deadlines. An inheritance can be disclaimed within 6 weeks from learning of the inheritance and the reason for entitlement - extended to 6 months if the deceased or the heir was abroad. Inheritance tax authorities must be notified within 3 months of learning of the inheritance or gift. Limitation periods for compulsory share claims are generally 3 years from knowledge.
Taxes. Inheritance and gift tax applies with personal allowances that renew every 10 years for gifts. Spouse or registered partner 500,000 euro allowance plus a separate pension allowance of up to 256,000 euro for survivor’s pensions. Children and stepchildren 400,000 euro each. Grandchildren 200,000 euro each. Parents and grandparents inheriting 100,000 euro. Most other beneficiaries 20,000 euro. Tax rates are progressive and depend on the relationship class - roughly 7 percent to 30 percent for close family, 15 percent to 43 percent for class II, and 30 percent to 50 percent for class III. The family home can be tax free for a spouse or registered partner if used as the main residence for 10 years, and for children within size limits - generally up to 200 square meters - with similar use requirements. Business assets can qualify for 85 percent or 100 percent relief if retention and payroll conditions are met.
Real estate and registries. Transfers of real estate on death are registered at the land registry. The Grundbuch is only updated once the court and registry receive the necessary documents. Gifts of real estate between close family members are typically exempt from real estate transfer tax but remain subject to gift tax rules.
Planning tools beyond the will. A durable financial power of attorney - Vorsorgevollmacht - a patient advance directive - Patientenverfügung - and a care directive - Betreuungsverfügung - help ensure that trusted persons can act for you without court involvement. Germany does not generally recognize common law trusts, but German family foundations - Stiftung - and corporate structures can achieve long-term objectives in appropriate cases.
A valid handwritten will must be entirely written and signed by the testator. Adding the date and place is highly advisable. Typed or printed wills require notarization to be valid. Capacity and freedom from undue influence are required. Storing the will with a notary or the local court and registering it in the Central Register of Wills helps ensure it is found and opened quickly.
Yes. Children, along with a spouse or registered partner, have a compulsory share - Pflichtteil - which is a monetary claim equal to half of their statutory share. They do not receive specific items by law but can demand payment from the heirs. A notarial waiver can remove this right, often in return for compensation.
Under the default marital property regime - Zugewinngemeinschaft - and with children, the spouse typically receives one half - one quarter statutory share plus one quarter property regime supplement - and the children share the other half equally. If there are no descendants, the spouse’s share increases and can be three quarters or the entirety depending on which relatives survive.
Often yes. Under the EU Succession Regulation, you may choose in your will to apply the law of your nationality. If you do not choose, the law of your habitual residence at death usually applies. This choice can be important for residents of Germany with foreign nationality or for families with property abroad.
Banks and the land registry often require either an Erbschein or a notarial will with the official court opening record. An Erbschein is issued by the probate court and proves heirship. Whether it is necessary depends on the documents available and the policies of each institution.
Allowances include 500,000 euro for a spouse or registered partner plus a separate pension allowance up to 256,000 euro, 400,000 euro for each child or stepchild, 200,000 euro for each grandchild, 100,000 euro for parents and grandparents who inherit, and 20,000 euro for most others. Rates are progressive, approximately 7 percent to 30 percent for close family, 15 percent to 43 percent for class II, and 30 percent to 50 percent for class III. Allowances for gifts renew every 10 years.
Often yes. If the spouse or registered partner inherits the main residence and uses it as such for at least 10 years, the transfer can be tax free. Children can also inherit a family home tax free within a size limit - generally up to 200 square meters - if they move in promptly and keep it as their main residence for 10 years. Certain exceptions apply in hardship cases.
Common strategies include lifetime gifts spread over time to use 10-year allowances, structuring a spousal and children plan - for example a Berliner Testament with tax conscious provisions, business succession relief for qualifying assets, and using the family home exemption. Clear, notarially advised drafting reduces the risk of disputes, and compulsory share waivers can be used in appropriate family settlements.
Heirs in Germany receive all assets and liabilities. You may disclaim within 6 weeks of learning of the inheritance - 6 months if there is a foreign connection. If you accept but later discover debts, you may apply to limit liability to the estate through formal procedures. Seek legal advice promptly because deadlines are strict.
Stepchildren have no statutory inheritance rights unless they are adopted. They can be included through a will. Adopted minor children are treated the same as biological children for inheritance purposes. Adult adoptions have specific effects that should be reviewed carefully.
Amtsgericht Kitzingen - Nachlassgericht for probate matters and Grundbuchamt for land registry entries.
Notarkammer Bayern and local Bavarian notaries for notarial wills, contracts, and safe custody of documents.
Bundesnotarkammer - Zentrales Testamentsregister for registration of wills and powers of attorney deposited with notaries or courts.
Finanzamt Kitzingen for inheritance and gift tax notifications and assessments.
Stadt Kitzingen - Standesamt for death certificates and civil status documents required in probate.
Bayerisches Staatsministerium der Justiz for guidance on wills, guardianship, and court procedures.
Deutscher Anwaltverein - Arbeitsgemeinschaft Erbrecht for lawyers focused on inheritance law.
IHK Würzburg-Schweinfurt and Handwerkskammer für Unterfranken for business succession support and checklists.
Verbraucherzentrale Bayern and Stiftung Warentest publications for consumer-oriented overviews of wills, powers of attorney, and estate planning.
Clarify your goals. Consider who should inherit, who should manage the estate, and how to protect family members who may need support. Think about real estate, business interests, digital assets, and personal items.
Gather documents. Collect identification papers, marriage and birth certificates, prior wills, property deeds, company documents, insurance policies, and a list of assets and liabilities.
Consult local professionals. Speak with a notary for will options and execution, a lawyer - ideally a specialist in inheritance law - for strategy and dispute prevention, and a tax advisor to model inheritance and gift tax outcomes.
Choose and execute documents. Prepare a will - handwritten or notarial - and consider a spousal joint will if appropriate. Arrange a financial power of attorney, a patient directive, and a care directive. Register and safely store documents so the probate court will be notified.
Plan for business and real estate. For company shares or farms, evaluate succession structures, management continuity, and reliefs. Ensure property titles and beneficiary designations are consistent with your plan.
Review cross-border issues. If you or your heirs live abroad or hold foreign assets, include a choice-of-law clause and coordinate with foreign counsel to avoid conflicting probate procedures.
Monitor deadlines after a death. Notify the tax office within 3 months, consider whether to disclaim within 6 weeks - 6 months with foreign elements, and apply for an Erbschein if institutions require it.
Review and update. Revisit your plan after life changes such as marriage, divorce, birth of a child, acquiring property, starting or selling a business, or moving abroad.
This guide is for general information only and is not legal advice. Estate planning outcomes depend on your specific facts. A lawyer or notary in Kitzingen can help you design and implement a plan that fits your goals and complies with German and Bavarian practice.
