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Inheritance law in Germany is primarily governed by the Bürgerliches Gesetzbuch (BGB), a federal code that applies nationwide. In Donauwörth, located in Bavaria, local probate matters are handled by the Amtsgericht Donauwörth. This means most tasks such as proving who inherits and handling estate assets go through the district court in Donauwörth or its associated regional court if needed.
The estate process typically starts with proving who the heirs are and how assets should be distributed. Common steps include applying for an Erbschein (certificate of heirs), settling debts, and dividing the Nachlass (estate) among heirs. Real estate and business assets often require additional steps and may involve notaries or land registries.
Key terms you will encounter include Nachlass (estate), Erbfolge (succession), Pflichtteil (legitimated share for close relatives), Erbschein (certificate of heirs), Erbengemeinschaft (heir community), and Testamentsrecht (will law). Understanding these concepts helps you navigate dialogue with officials and lawyers in Donauwörth.
In Germany, the Pflichtteil protects certain close relatives by ensuring a minimum share of the estate even if a will tries to exclude them.
For official guidance on Erbrecht matters in Germany, consult government and court portals. These resources explain how to obtain an Erbschein, how wills are treated, and how disputes are handled in Bavaria and nationwide. See the sources listed in the Local Laws Overview for direct links to authoritative information.
Sources for authoritative guidance include the Justizportal and Bavarian justice resources, and the federal law texts hosted online by government portals. See the citations in Section 3 for exact references.
Bürgerliches Gesetzbuch (BGB) - Erbrecht covers the general rules for succession, testamentary freedom, and the rights of Pflichtteilsberechtigte. It governs how heirs are determined and how shares are allocated in the absence of a will. Access to the exact text is available through official legal portals that publish German statutes online.
EU Regulation No 650/2012 - European Succession Regulation harmonizes jurisdiction and recognition of decisions in cross-border inheritance cases within the European Union. It helps determine which country’s law applies to an estate and supports issuing a European Certificate of Succession for simpler cross-border transfers. The regulation became applicable in Germany on 17 August 2015.
Erbschaftsteuer-Gesetz (ErbStG) - Inheritance Tax governs the taxation of inherited assets. Tax obligations depend on the relationship to the deceased and the estate value. In Bavaria, tax administration is handled by the national tax authorities with guidance available through official tax portals and the Bavarian tax offices.
Cross-border inheritances in Germany are streamlined by the EU Succession Regulation, which clarifies which law applies and how judgments are recognized across borders.
Useful official sources for these laws include the German laws portalGesetze im Internet, the Justizportal for court procedures, and the Bavarian justice portal for region-specific guidance. For tax considerations, consult the Bundeszentralamt für Steuern (BZSt) and local Finanzamt guidance.
Key sources include: - BGB on Gesetze im Internet: BGB overview - EU Regulation 650/2012 on EUR-Lex: EU Regulation 650/2012 - Erbschaftsteuer resources on the Bundeszentralamt für Steuern site: BZSt Erbschaftsteuer
Below are common questions people in Donauwörth ask about inheritance law. The answers provide practical guidance and point toward official resources where you can verify details.
An Erbschein is a court-issued proof of who inherits. It is often required to transfer property or to prove entitlement to assets held by a bank or in the land registry. You generally need it if ownership is disputed or not clearly documented.
You file at the local Amtsgericht Donauwörth or the relevant probate court. The process requires death certificates, a will if present, identification, and lists of assets. A lawyer can prepare and submit the application to avoid delays.
The Pflichtteil guarantees a minimum share to certain relatives. The calculation depends on the relationship to the deceased and the size of the estate. The exact amount is complex and often requires professional help to determine accurately.
Costs depend on the complexity of the case and the attorney's rates. Typical fees cover initial consultations, document preparation, and court work. Some matters may require court or notary fees in addition to legal services.
Simple estates with straightforward assets may take a few months. Complex cases with real estate, businesses, or cross-border assets can extend to several months or even years. Timelines vary with court workloads and asset types.
A handwritten will (Eigenhändiges Testament) does not require a notary. Some wills or Erbverträge benefit from notarization for greater certainty, especially when real estate or complex assets are involved.
Yes. Heirs or potential heirs can contest a will on grounds such as coercion, fraud, or invalid form. Legal representation helps assess validity and pursue appropriate remedies.
Local expertise in Bavarian probate matters is valuable. A Donauwörth-based lawyer understands local courts and practices, while a larger firm may offer broader cross-border experience if assets exist abroad.
Some matters require court appearances or hearings, especially if there is dispute or a contested Erbschein. Many routine steps can be completed through documentation and negotiations with counsel.
Yes, especially for families with assets in multiple EU countries or with relatives living abroad. Cross-border cases make EU rules important and often require coordinated legal support.
An Erbvertrag is a contract between potential heirs, typically requiring formalities and notary involvement. A Testament is a will for distributing assets after death and can be changed more easily by the testator.
Disputes over asset management or distribution can be settled by negotiation, mediation, or court action. Lawyers can help negotiate interim arrangements to protect assets during the process.
