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Inheritance law in Freiburg im Breisgau operates within the federal German framework. The core rules are found in the Bürgerliches Gesetzbuch (BGB), Book 5, Erbrecht. This means the same basic principles apply across Germany, including Freiburg. Local procedures such as applying for an Erbschein or managing the estate are handled by the Nachlassgericht at the local Amtsgericht (for Freiburg this is the Freiburg court).
Key parts of Erbrecht cover how an estate is acquired, how shares are divided among heirs, and the rights of close family members. Wills and testaments can be created in a formalNotarial process or by a simple hand written instrument, with varying legal effects. If real property or significant assets are involved, you will often interact with notaries, courts, and tax authorities in Freiburg.
Because inheritance matters mix civil law, property rights, and tax rules, you will frequently need clear guidance. A Freiburg attorney or solicitor specializing in Erbrecht can translate complex provisions into concrete steps for your situation.
Bürgerliches Gesetzbuch (BGB) - Erbrecht - The cornerstone of German inheritance law. It governs how inheritances are acquired, the rights of heirs, and the rules on compulsory portions. In Freiburg and the wider Baden-Württemberg region, courts apply these federal provisions directly. The most relevant sections include the rules on estate acquisition and the Pflichtteil rights.
Examples of key references include § 1922 BGB on acquisition of the inheritance and § 2303 BGB on the Pflichtteil for close relatives. These provisions determine how shares are allocated when there is no will or when the will restricts certain heirs.
Pflichtteil rights ensure a minimum share for certain closest relatives, regardless of the will's dispositions.
Erbschaftsteuer- und Schenkungsteuergesetz (ErbStG) - Germany-wide rules for inheritance taxes. Tax obligations depend on the degree of relationship and the value of the estate. In Freiburg, as elsewhere in Germany, the ErbStG works alongside the BGB to determine tax liability.
Note that tax exemptions and rates can change with federal amendments. It is important to review the current ErbStG text when handling a Freiburg estate. See official statutory texts for up to date information.
Local procedural context - In Freiburg, processing of estates often involves the Nachlassgericht at the local Amtsgericht. The Erbschein process certifies who is entitled to manage and receive assets from the estate. A lawyer can prepare the application, gather required documents, and represent you in court if contested.
An Erbschein is a court document proving who has inherited a decedent’s assets. It is often required to transfer real estate or access bank accounts in Freiburg.
To challenge a will, you typically file a court motion with the relevant Nachlassgericht. You must show legal grounds such as lack of testamentary capacity or coercion.
Costs vary by complexity and asset value. In Germany, lawyers may charge according to the RVG schedule. A preliminary consultation often costs a reduced fee or is free, depending on the firm.
Simple cases may take a few weeks, while complex estates with assets in multiple countries can take several months. Outcomes depend on document quality and court workloads.
Not always. A handwritten will can be valid, but a notary ensures formality and reduces later disputes. Notarisation is common for real estate or larger estates.
The Pflichtteil guarantees a minimum share for certain close relatives, such as children and spouses. The calculation depends on the relationship and the estate size.
An heir inherits under the intestate succession or a valid will. A beneficiary is named to receive assets in a will or contract, which may or may not confer full inheritance rights.
Renunciation of inheritance (Erbausschlagung) is possible if you cannot or do not want to accept the estate. It must be declared to the competent court or notary within a set period.
Yes. Freiburg residents may inherit assets in other EU countries or from German nationals living abroad. Cross border issues require harmonised rules and careful planning.
Tax exemptions depend on relationship and estate value. A lawyer can determine eligibility and help with tax forms and documentation.
A Freiburg based Erbrecht lawyer offers local procedural knowledge and court familiarity. A national firm may provide broader resources for cross border matters.
