Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Inheritance law in Germany is primarily governed by the Bürgerliches Gesetzbuch (BGB), which applies nationwide, including Cottbus in the state of Brandenburg. In practice, residents of Cottbus deal with estate matters at the local court’s probate division (Nachlassgericht) within Amtsgericht Cottbus. This body handles will validation, intestate succession, and the administration of estates when heirs cannot agree.
With real estate in Brandenburg or assets across Germany, you may need guidance to coordinate probate, asset transfers, and tax obligations. An inheritance attorney or solicitor in Cottbus can help you interpret the BGB provisions on Erbrecht, navigate probate procedures, and ensure timely, compliant transfers of property and funds to the rightful heirs.
The BGB governs the core rules of inheritance, including how succession is determined, the rights of heirs, and the options for testamentary arrangements. It covers intestate succession, the validity of wills, and mechanisms like the Pflichtteil to protect close relatives. In Cottbus, these provisions are applied by the local Nachlassgericht during probate proceedings.
The German courts and authorities rely on the BGB to resolve who inherits and how assets are distributed, with procedural aspects handled by the local court in Cottbus or the relevant Brandenburg districts. For authoritative text, see the official BGB on Gesetze im Internet.
Inheritance tax in Germany is regulated by the EstG. Heirs may owe tax depending on the relationship to the deceased and the value of the estate. In Brandenburg, as elsewhere in Germany, tax obligations integrate with the probate process and asset transfers. You should consult a tax adviser or inheritance attorney to determine liability and relief options.
This regulation governs cross-border inheritance matters within the European Union, including cases with German assets or heirs in Brandenburg. It helps decide which country has jurisdiction and which law applies when multiple countries are involved. Since 2015, Regulation 650/2012 has shaped how German courts coordinate with foreign probate proceedings.
The German inheritance framework relies on the BGB with import from EU cross-border rules for international cases.
Source: BGB on Gesetze-im-Internet.de
Inheritance taxation in Germany is governed by EstG with local variations based on relationship and estate value.
Source: EstG on Gesetze-im-Internet.de
Erbrecht is the law of inheritance. It determines who inherits, how estates are settled, and the role of wills and heirs. In Cottbus, probate is handled by the local Nachlassgericht, guided by the BGB and EU cross-border rules when applicable.
You begin by filing a request at the Amtsgericht Cottbus for probate. A lawyer can prepare the petition, gather documents, and represent you in court to obtain a court order for estate administration.
The Pflichtteil is a protected share of the estate reserved for close relatives. It cannot be completely disinherited. A lawyer helps calculate the amount and protect your rights if denied.
Costs depend on the complexity, estate value, and hours billed. German lawyers use statutory scales plus any agreed fees. You should request a written estimate before engagement.
Probate duration varies with estate size and disputes. Simple cases may finish within 3-6 months, while complex matters can take 12 months or more, especially with asset transfers and tax clearances.
Not necessarily. A private will can be valid, but a notary may be required or beneficial for real estate dispositions and to ensure formal compliance. Notaries can also reduce later disputes.
Erbvertrag is a contract between heirs setting out future inheritance arrangements, typically binding on successors. A Testament is a unilateral declaration of how assets are to be distributed after death.
Yes. If there are doubts about validity, capacity, or coercion, interested parties may challenge the will in the probate process. Legal representation is advised.
Transfer requires court clearance and notarial deeds. The heir must apply for ownership transfer at the Grundbuchamt, usually with a probate order and tax clearance.
Yes. If the estate involves foreign assets or heirs, EU Regulation 650/2012 determines jurisdiction and applicable law, potentially coordinating multiple probate proceedings.
Heirs are determined by statutory succession under the BGB or by a valid will or Erbvertrag. Close relatives typically have stronger entitlements, including potential Pflichtteil rights.
A Testamentsvollstrecker may be appointed to enforce a will or manage an estate where there are complex distributions or beneficiaries who require supervision.
Tax calculation depends on your relationship to the deceased and the estate value. Exemptions and tax rates vary by category and amount. A tax adviser can provide precise calculations.
